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Class _: 5K£5l 

Book IlZ :r 

Copyright N° 

COPYRIGHT DEPOSIT. 






eiVWS and 

S&HOOL LAW 



For use in JV. Y. State Training Glasses 

and by those who are preparing 

for the State's Uniform Ex= 

aminations. 




By 



W. Z>. Johnson, 

Prin. Gooperstown (IV. Y.) High School, author 

of History of Education, Methods of 

Reading and Drawing. 



the library of 
congress. 

| Two Copies Received 

FEB 13 1903 

11 Copyright Entry 
CLASS (^ XXC. No 

f ; *+ i tf 

.copy b. 



&\ 



1 2" 



Copyrighted by 

Crist, Scott & Parshall, 
1902 . 



eivies. 



Chapter I. 

GOVERNMENT. 

Government is the supreme authority of a state, or 
political community ; it is that which makes, interprets 
and -executes law. A nation is a people living under some 
form of government. 

There are two theories as to the origin of government 
— one is that government was instituted by God, that is, 
is divine : the other is that government is the result of a 
social compact, that is, it came from an agreement of 
men to abandon the savage state and to adopt the 
civilized state. 

Civics, or civil government, is the science which con- 
siders citizenship relations ; it is the government of civil 
society. 

An aristocracy is a government by a few privileged per- 
sons. 

A monarchy is a government by a king or queen. An 
absolute monarchy, or despotism, is one in which the will 
of the ruler is law. A limited monarchy is one in which 
the power of the chief ruler is limited by laws made by 
representatives of the people. 

A republic is a government conducted by representatives, 
elected by the people. There are three functions of such 






4 CIVICS AND SCHOOL LAW. 

a government : the legislative, which makes the laws ; 
the judicial, which interprets the laws ; and the executive, 
which enforces the laws. 

Law is a rule of action. Constitutional law T , or a con- 
stitution, is "the fundamental law which determines the 
form of government and defines and limits its powers." 
Statute law is law passed by a legislative body. Common 
law is law r established by custom. Civil or municipal law 
is law which relates to our every-day actions or to prop- 
erty relations. 

A right is a just claim. Political rights are those which 
a citizen shares in the government. Civil rights are 
those not political ; they embrace the right of personal 
security, personal liberty and private property. 

A constitution is formed by delegates in a convention. 
A delegate is a person appointed by another with power 
to transact business as his representative. A convention 
is an assembly composed of such delegates. The con- 
vention makes a draft of the constitution, after which 
it is adopted by the people at an election. 



Chapter II. 

LEGAL PROCEEDINGS. 

Plaintiff is the party that sues. 

Defendant is the party that is sued. 

Summons is a writ issued by the court at the instance of 
the plaintiff, summoning the defendant in court. 

Warrant is a written document issued by a judge for the 
arrest of an offender. 

Pleadings is the complaint filed by the plaintiff, which 
sets forth what he claims. 

Plea, or answer, or demurrer is the statement filed by 
the defendant, setting forth his defence. 

Jury is a body of men chosen by law to render a ver- 
dict from the evidence given in a suit at law. 

Verdict is the decision of a jury. 

A criminal case is one in which the State is the plaintiff. 

A subpoena is a writ, issued by a court, compelling the 
attendance of a person as a witness. 

A civil case is one between two persons or corporations. 

Bail consists in giving a bond, which holds the bonds- 
man responsible for the appearance of the prisoner when 
wanted. 

Impeachment is a formal accusation of official miscon- 
duct. 

The steps taken in a civil case : The defendant is sum- 
moned to appear in court. He may not appear in per- 
son. In this case he files, through his attorney, a notice 
in the clerk's office. If he does not appear at a certain 
time, the plaintiff takes judgment. If the defendant ap- 



6 CIVICS AND SCHOOL LAW. 

pears, the plaintiff files a complaint, after which the de- 
fendant files his plea. These papers are called the plead- 
ings. If the pleadings do not agree, the case is settled by 
a trial. 

The trial is before a jury of six men, if in a justice 
court ; of twelve men, if in higher courts. 

If either party does not appear in court, a judgment 
is given against the absentee. After the witnesses have 
given their evidence and the lawyers have summed up, 
the judge charges the jury, that is, he gives them a sum- 
mary of the evidence on both sides and the points of the 
law\ The jury now renders its verdict. 

In criminal cases the defendant is brought before the 
grand jury for indictment. The district attorney brings 
the facts of the case before the grand jury. If this jury 
find him guilty, he is indicted. He is now brought be- 
fore the trial jury for trial. If still found guilty, the 
judge pronounces sentence. 

The probate court, presided over by the surrogate, has 
jurisdiction over wills and estates, appoints administra- 
tors and guardians, and settles their accounts. When 
there is a contest, the court proceeds in much the same 
way as other courts, but without a jury. 

The justice court tries civil cases involving an amount 
not exceeding $200 and minor or petty crimes. Issues 
of fact are determined in a justice court by a jury of six 
men. Justices of the peace are paid in fees. 

The county court, the next higher court, tries civil cases 
appealed from the justice court, and involving an 
amount not exceeding $2,000, and all crimes, except those 
punishable by death. Issues of fact are tried by a jury 
of twelve men. 

The supreme court, the next higher court, is divided into 
four departments, and these in turn are divided into ei^ht 
districts. There are seventy-six supreme court judges 



CIVICS AND SCHOOL LAW. 7 

in the State, elected by the people for fourteen years, at 
a salary of $7,200. There are trial and special terms, 
presided over by a supreme court judge, and held in each 
county at stated times. At the trial term, civil and crim- 
inal cases are tried with a jury of twelve men. At the 
special term legal motions are heard and decided with- 
out a jury. The supreme court has both appellate and 
original jurisdiction. Each judicial department has an 
appellate division presided over by one of the seventy- 
six supreme court judges, appointed by the governor for 
a term of five years. Appeals from the decisions of the 
county courts and from the trial and special terms of the 
supreme courts are heard in this division. 

The court of appeals is the highest court in this state. The 
judges of the court of appeals, seven in number, are 
elected by the people for fourteen years. The chief justice 
receives a salary of $10,500 per year, with an allowance 
of $3,700 for expenses. Each associate justice receives a 
salary of $10,000 per year with an allowance of $3,700 
for expenses. The jurisdiction of this court is appellate, 
except in impeachment cases. 

The court of claims is one in which all claims by citizens 
of the state against the state are heard and decisions ren- 
dered. The court consists of three judges of claims ap- 
pointed by the governor for a term of six years, at a 
salary of $5,000 each. The court hojds four sessions an- 
nually at Albany. 

Courts of record are those that have their official seals 
and official clerks, who keep records of their proceedings. 
Such courts are the surrogate's court, countv court, su- 
preme court and court of appeals. Courts of justices of 
the peace and coroners' courts are not courts of record. 

United States Circuit Court. The United States is di- 
vided into nine circuit courts. Each circuit has two or 
more circuit judges appointed by the president and con- 



8 CIVICS AND SCHOOL LAW. 

firmed by the senate. One justice of the supreme court 
is also assigned to each circuit. The court has original 
jurisdiction in civil cases involving property worth $500 
or more and in all cases of crime against the United 
States. 

For courts of impeachment see State and U. S. Consti- 
tutions. 

Definitions. 

A crime is an offence against the public. 

Treason against the State is levying war against the 
people of it, or adhering to the enemies of it in times of 
war and giving them aid and comfort. 

Murder is the premeditated killing of a human being. 

Manslaughter is the unpremediated killing of a human 
being. 

Arson is maliciously burning the building of another ; 
arson in the first degree is the burning of an inhabited 
building in the night-time. 

Burglary is forcibly breaking into, in the night-time, an 
inhabited building of another with the intent of commit- 
ing a crime. 

Larceny is the taking of the personal property of an- 
other, with the intent of depriving him of it permanent- 
ly. 

Embezzlement is appropriating to one's use property that 
has been entrusted to him by another. 

Forgery is falsely making or altering a written instru- 
ment with the intent to defraud. 

Perjury is false swearing, when one is under oath to 
tell the truth. 

Bribery is any influence in the nature of money or re- 
ward to change one's vote or judgment. 

Will is a written document by which a testator disposes 
of his property upon his death. Codicil is an addition to 



CIVICS AND SCHOOL LAW. D 

a will and must be executed with the same formalities 
as was the will. 

Lease is a contract creating the relation of landlord and 
tenant. 

Deed is a written instrument by which the ownership 
of land is transferred to a purchaser. 

Mortgage is a form of deed, and is made as security for 
the payment of a debt ; it becomes void on its payment. 

Injunction is a judicial order, requiring the party to 
whom it is directed to do, or not to do, some designated 
thing. 

Excise is a tax upon articles manufactured for home 
consumption, as a tax on liquors, collected by revenue 
officers. 

Arbitration is an agreement between persons or nations 
to settle disputes by leaving them to the judgments of 
others. 

A Reciprocity Treaty is one giving equality in stipulated 
commercial transactions to the citizens of two countries. 

An Extradition Treaty is one for the delivery of fugitives 
from justice by one country to another. 



Chapter III. 

ELECTIONS. 

Voters — Voters must be of the male sex, 21 years of 
age, a citizen of the United States for 90 days, and un- 
convicted of heinous crime. 

Residence — Voters must reside in the State one year, 
in the county four months, and 30 days in the election 
district, immediately preceding the election. 

Registration. — Each election district has about 200 to 
600 voters. Voters must have their names on the regis- 
try lists at least 10 days before each election to be eligi- 
ble to vote, and must register in person in villages and 
cities of 5,000 or over. 

Choosing Candidates — In every town or ward, caucuses 
are held to elect delegates to the county conventions, or 
to nominate town officers. At the county conventions, 
county officers are nominated or delegates are elected to 
congressional or state convention, where congressional 
or state candidates for office are nominated. 

Time and Manner of Voting — On the Tuesday following 
the first Monday in November, the polls are open from 
six a. m. to 5 p. m. The voter appears at the polls, his 
name is found on the registry list, and is given a ballot. 
After properly marking and folding his ballot in a booth, 
he hands his ballot to a poll clerk, when his name is 
checked off the registry list. Voting machines are now 
used in many places. _ 

Counting the Votes — After the votes have been counted 
by the inspectors, the result is publicly announced by 



civics AND SCHOOL LAW. 11 

the chairman of the inspectors, and three written cer- 
tificates of the vote are made out — one of which is filed 
with the town clerk, another with the stubs and unvoted 
ballots is filed with the county clerk, and the 
third is deposited with the supervisor. The board of 
supervisors meets on the Tuesday following, as a board 
of county canvassers, to ascertain what county officers 
are elected and what the county vote for State officers 
is. They send a certificate of the county vote of State 
officers to the governor, another to the comptroller, and 
another to the secretary of state. The secretary of state 
calls, on or before the 15th of December, the State board 
of canvassers together to canvass the result of the vote 
of the State for State officers. This board issues cer- 
tificates of election to the successful candidates. Plural- 
ity elects. 

For election of president and vice-president of the 
United States, see Art. XII, of the Amendments of 
United States Constitution. 



Chapter IV. 

EOW LAWS ARE MADE IN THE STATE. 

Note — A Bill is a proposed law. 

The bill may be introduced in either house. It first 
goes to the clerk, then to the speaker, who announces 
its introduction and reads its title. This is the first read- 
ing of the bill. 

Standing Committees — At the beginning of the legisla- 
tive session each year, the speaker divides the members 
of the assembly and the lieutenant governor or speaker 
pro tern of the senate divides the senate into committees 
to consider proposed laws. After the first reading of a 
bill, it is referred to a standing committee. The com- 
mittee hears arguments for and against the bill, after 
which it reports the bill favorably or unfavorablv to the 
house in which it originated. An unfavorable report 
usually "kills the bill." The work of committees thus 
greatly facilitates legislation. 

After the bill has been reported favorably, it is de- 
bated, and amended if necessary, section by section, and 
agreed to or rejected by a majority of the house. This 
is the second reading of the bill. If it is passed, it is 
printed and cannot afterwards be changed. Unless the 
governor states that the bill should at once become a 
law, it must in its final form lie on each member's desk 
for three legislative days, after which it can be passed on 
its third and final reading. 

Committee of the Whole. — Before the final passage of a 
bill, the house in which it is being considered may re- 



CIVICS AND SCHOOL LAW. 13 

sole itself into the committee of the whole, when the 
speaker may call some member of the house to the chair 
and the members may discuss the bill as a whole- 
Bills Considered in Both Houses — After a bill passes one 
house, it is sent to the other one, where it must go 
through the same proceedings that it did in the first. 

Action by the Governor. — After a bill passes both houses, 
it is sent to the governor for his approval. If he approves 
the bill, he signs it and it becomes a law. If he disap- 
proves it, he vetoes it. In this case, he sends it back to 
the house in which it originated with his objections. If 
it is now passed in each house by a two-thirds majority, 
it becomes a law in spite of the governor's veto. 

If the governor fails to sign a bill within ten days 
(Sunday not included) after it is sent to him, during the 
session of the legislature, the bill becomes a law with- 
out his signature. After the adjournment of the legis- 
lature, he has 30 days in which to sign bills. If he does 
not sign the bills left in his hands at the adjournment, 
they fail to become laws. 

Bills Passed by Congress — Bills become laws by the ac- 
tion of congress as they do in the State legislature, with 
the exception that all bills pertaining to revenue must 
originate in the House of Representatives, and the presi- 
dent acts in the place of the governor. 



Chapter V. 

TOWN OFFICERS IN NEW YORK STATE. 

Supervisor. 

Election — At town meeting for two years. 
Compensation — $4 per day as county officer ; $2 per 
day as town officer ; fees ; mileage. 

Duties — 1. Member of board of county canvassers. 

2. Members of board of supervisors. The board of su- 
pervisors meets at the county seat. It manages property 
owned by county ; borrows money on county's credit 
not to exceed 10% of the assessed valuation of the prop- 
erty ; may alter the boundaries of towns ; raises money for 
county purposes ; divides county into assembly districts ; 
makes an annual list of 300 or more citizens to serve as 
grand jurors. 

3. Member of town board. 

4. President of town board of health. 

5. In association with the assessors, selects the trial 
jurors from his town in county and supreme courts. 

6. Select the grand jurors from his town 

School Duties — 1. Make on the first Tuesday of March 
in each year a written report to the county treasurer, 
showing the amount of school moneys in his hands not 
paid on the orders of trustees for teachers' wages and 
library purposes. 

2. File in the town clerk's office a bond with two or 
more sureties, approved by the county treasurer, for 
double the amount of school moneys apportioned to the 



CIVICS AND SCHOOL LAW. 



15 



town, upon his receipt from the school commissioner of 
a certificate stating the amount of the town's school 
money. 

3. Distribute the school moneys in his hands appli- 
cable to the payment of teachers' wages, upon the writ- 
ten order of the trustees. 

4. Pay over, upon the written order of trustees, to 
collector or treasurer the above moneys, when he has 
properly executed a bond for receiving said moneys. 

5. Sue for and recover penalties and forfeitures for 
the district. 

6. Report to town auditors at their annual meeting 
all school moneys received and distributed by him. 

7. Act with school commissioners and town clerk in 
the erection or alteration of a school district. 

8. File with the town clerk, within fifteen days after 
the termination of his office, an account of all school 
moneys received and distributed by him, and notify his 
successor of such rendition and filing. 

Town Clerk. 

Election. — At town meeting for two years. 

Compensation — Fees ; $2 per day. 

Duties — 1. Keep the records of the town. 

2. Act as clerk of the town meetings. 

3. File chattel mortgages. 

. 4. Perform the general clerical duties for the town. 

5. Member town board. 

School Duties — 1. Receive from the supervisor the 
certificates of apportionment of school moneys to the 
town. 

2. Notify trustees of the filing of such certificates. 

3. Receive from school trustees their annual reports. 

4. Furnish to the school commissioner the names 
and post-office addresses of the school district officers. 



16 CIVICS AND SCHOOL LAW 

5. Act with school commissioner and supervisor in 
the erection or alteration of a school district. 

6. Distribute to trustees all books, blanks and cir- 
culars from the State Superintendent or school commis- 
sioner. 

7. Preserve all books, papers, and records filed in 
his office and relating to the schools of his town. 

8. File the bond of the school collector. 

9. Preserve in his office all books and records of 
dissolved school districts. 

Justices of the Peace. 

Election — At town meeting for four years. 
Number — Four in each town. 

Compensation Fees. 

Duties — 1. Judicial officers for the town. 

2. Issue warrants for the arrest of persons accused 
of crimes. 

3. Issue summons. 

4. Take acknowledgement of conveyances and ad- 
minister oaths. 

5. Member town board. 

Assessors. 

Election — At town meeting for two years. 
Number — Three in each town. 
Compensation.— $2 per day ; fees. 

Duties — 1. Assess real estate and personal property 
owned by the inhabitants of a town. 

2. Settle disputes pertaining to division fences. 



-^ 



CIVICS AND SCHOOL LAW. 17 

Collector. 

Election — At town meeting for two years. 

Compensation — Fees. 

Duties — i. Execute a bond to the supervisor for dou- 
ble the amount of tax to be collected. 

2. Receive tax list and warrant and collect the tax 
and pay it over as directed. 

Highway Commissioners. 
Election — At town meeting for two years. 
Number — One to three. 
Compensation — $2 per day. 

Duties — 1. Has general supervision of highways and 
bridges. 

2. Lay out new roads where properly directed. 

3. Divide town into road districts and appoint over- 
seers for the same. 

4. View destruction of sheep by dogs and fix dam- 
ages for same. 

Constables. 
Election — At town meeting for two years. 
Number — From one to five. 

Compensation Fees. 

Duties — 1. Serve summonses. 

2. Preserve order in a community. 

3. Bring prisoners before a justice of the peace. 

4. Collect money upon executions. 

Inspectors of Election. 

Election — At town meeting, two elected and two ap- 
pointed for two years. 

Number. — Four for each election district. 
Compensation — $2 per day. 



18 



CIVICS AND SCHOOL LAW. 



Duties. — i. Receive votes at election. 

2. Count ballots at close of election, make a true state- 
ment thereof and transmit it to the board of county can- 
vassers. 

Note. — The supervisor, town clerk, and justices of the 
peace with one citizen member form the town board of 
health. 




Chapter VI. 

COUNTY OFFICERS. 

County officers are elected at the annual election for 
three years with the exception of surrogate and county 
judge. Each of these is elected for six years. The sher- 
iff is prohibited from holding the same office for a suc- 
ceeding term. The following are their duties. 

Sheriff. 

i. Executive officer of the county. 

2. Have charge of jail and prisoners. 

3. Attend courts. 

4. Summon jurors. 

Surrogate. 

1. Grant letters testamentary and administrative. 

2. Take proof of wills. 

District Attorney. 

i. Attorney for the county. 

•2. Present complaints made to him, accusing per- 
sons of crime, to the grand jury. 

3. Draw bills of indictment. 

School Duties — 1. Prosecute all persons guilty of mis- 
demeanors in school affairs. 






20 CIVICS AND SCHOOL LAW. 

Coroners. 

1. Investigate mysterious deaths in county. 

2. Arrest sheriff upon criminal processes. 

3. Perform duties of sheriff in case of vacancy in 
sheriff's office. 

Superintendent of the Poor. 

1. Take care of the county house. 
-2. Make an annual report to board of supervisors. 

Judge. 

1. Presiding officer in county court. 

2. Sentence criminals. 

School Duties — 1. When notified by county clerk of 
vacancy in office of school commissioner, he shall ap- 
point one. 

County Clerk. 

1. Administer oath to jurors and witnesses. 

2. Record mortgages, deeds, etc. 

3. Draw the grand and trial jurors. 

4. Keep the county records. ' 
School Duties — Receive from the State Superintendent 

certification of public money. 

2. Certify to State Superintendent of the election of 
school commissioner. 

3. File school commissioner's oath of .office. 

4. Notify county judge of vacancy in office of school 
commissioner. 

5. File school commissioner's annual report to the 
State Superintendent. 



CIVICS AND SCHOOL LAW. 21 

County Treasurer. 

i. Receive from town collectors, county and State 
tax. 

2. Make an annual statement of the financial affairs 
of his office to the board of supervisors. 

School Duties. — i. Report to the school commissioner 
between the first and third Tuesdays in March the un- 
expended moneys applicable to the payment of teachers' 
wages and to libraries, in the hands of the supervisors 
on the first day of March preceding. 

2. File bonds of supervisors. 

3. Pay each supervisor the school moneys belonging 
to the town. 

4. Pay from contingent fund to district collector 
enough money to offset uncollected tax of said district, 
and report the facts to the board of supervisors. If no 
moneys are in the treasury for such purpose, the board 
of supervisors shall pay to the collector the amount of 
the unpaid tax^s, by voucher or draft on the county 
treasurer. 

5. Receive from the State treasurer upon the writ- 
ten order of the comptroller the school moneys be- 
longing to the county. 

4 School Commissioner. 

When Term Begins — Jan. I, next after his election. 

Oath of Office — Must take oath of office before county 
clerk or a judge of a court of record within ten days 
after the commencement of the term. 

Salary. — $1,000, with $200 allowed by the board of 
supervisors for expenses. 

Vacancy — County clerk gives notice to county judge 
or if that office is vacant to superintendent of public in- 
struction, who appoints a commissioner to serve until 
Jan. 1st, following. 



22 CIVICS AND SCHOOL LAW. 

How Office Vacated — By removal by superintendent of 
public instruction for neglect of official duties ; by resig- 
nation, in which case, he must file his resignation in 
county clerk's office ; by removing from county ; by ac- 
cepting the office of supervisor, town clerk or trustee of 
a school district. 

What Prohibited from Doing — Can not engage in pub- 
lishing school books, maps or charts, or in the manufac- 
ture of such, or of any school apparatus or furniture, or 
act as an agent for the above. 

Eligibility. — Male or female, 21 years of age, a citi- 
zen of the United States, and a resident of the county 
in which the school commissioner district is located. 
(Women cannot vote for a school commissioner.) 

Duties. — 1. Have the school district boundaries in 
his district definitely and plainly described in the rec- 
ords of the proper town clerk. 

2. Visit all schools in his district ; inquire into their 
management, the course of study and mode of instruc- 
tion, the text-books used, the condition of the school- 
houses, sites and appendages ; examine the school-li- 
braries. 

3. Direct trustees, when necessary, to make altera- 
tions or repairs to school house at an expense not ex- 
ceeding $200. (An additional sum may be voted by the 
district). Direct repairs to be made in school furniture 
at an expense not exceeding $100. Direct the abate- 
ment of any nuisance upon the school property at an 
expense not exceeding $25. 

4. Condemn, for reason a school-house, and deliver 
the order to the trustees or one of them, and transmit 
a copy to the superintendent of public instruction. The 
order shall state what amount the commissioner deems 
necessary to erect a school-house. Upon receipt of order 
the trustee shall call a special meeting of the inhabit- 



CIVICS AND SCHOOL LAW. 23 

ants of such district to consider the question of building 
a school-house therein. Such meeting shall have the 
power to determine the size of said school-house, the 
material to be use in its erection and to vote a tax to 
build the same, but the commissioner's estimate shall 
not be reduced more than 25 per centum of such esti- 
mate. If no tax shall have been voted by district within 
30 days, the trustee shall contract to build the same and 
levy a tax to cover the expense. The commissioner's 
estimate may be increased by a vote of the district. 

5. Conduct the uniform and training class examina- 
tions. 

6. Examine any charge affecting the moral character 
of any teacher within his district. If the charge be sus- 
tained, he shall annul his certificate by whomsoever 
granted. 

7. Take affidavits and administer oaths in all common 
school matters, but without fee. 

8. On Aug. 1, make annual report of the condition 
of the schools in his district, to the superintendent of 
public instruction. Deposit trustees' reports and an 
abstract of his report with the county clerk. 

9. Call first school meeting in a new school district. 

10. Alter and dissolve school districts as provided by 
law. 

11. Arrange once a year for a teachers' institute. 

12. Recommend for appointment persons to normal 
schools. 

13. Apportion State school moneys to the various 
school districts, on the 3rd Tuesday in March. 

City Officers. 
Note. — Cities are divided into Wards. The powers of 
a city are defined in its Charter, granted by the legisla- 
ture. 



24 



CIVICS AND SCHOOL LAW. 



Mayor — Chief executive officer. 

Alderman — Legislative officer ; represents a city ward. 
The mayor and alderman make up the Common Council, 
the legislative body of the city. 





Chapter VII. 

STATE OFFICERS. 

For duties of governor and lieutenant governor, see 
State Constitution. 

The administrative officers of the State are Secretary 
of State, Comptroller, Treasurer, Attorney General,. 
State Surveyor and Engineer. They are elected at the 
general election for two years. The salary of the Comp- 
troller is $6,000; each of the others receives $5,000 per 
year. They take their offices on the first of January 
next after election. They constitute the State board 
of canvassers. 

Secretary of State. 

Duties — 1. Keep records and papers belonging to the 
State. 

2. Receive and record all pardons, election returns,, 
etc. 

3. Supervise the printing of the laws passed each year 
by the State legislature. 

4. Report annually to the legislature statistics of 
pauperism and crime. 

Comptroller. 

Duties — 1. Superintend the fiscal concerns of the 
State. 

2. Report annually to the legislature the State's rev- 
enues and expenditures. 



26 



CIVICS AND SCHOOL LAW, 



3. Audit, examine and settle accounts due to or from 
the State. 

4. Superintend the collection of the State's taxes. 

5. Negotiate loans for the State. 

Treasurer. 

Duties — 1. Have charge of the State's money. 

2. Pay drafts upon the warrants of the comptroller. 

3. Keep the State's bank account. 

Attorney General. 

Duties — 1. Defend and prosecute all suits in which 
the State is interested. 

2. Prepare drafts for State contracts. 

3. Governor's legal advisor. 

State Engineer and Surveyor. 

Duties — 1. Prescribe the duties and -assign divisions 
of canals to engineers. 

2. Visit and inspect canals. 

3. Prescribe State surveys. 

Other State Officers. 



Officei 


How Elected 


Term 


Salary 


Sup't Public Works. 


App. by Gov. and Sen. 


2 years, 


$6,000 


Sup't of Banks, 


do. 


3 years, 


5,000 


Sup't of Insurance, 


do. 


3 years, 


7.000 


Adjutant General, 


App. by Gov. 


2 j^ears, 


4.000 


State Tax Conrrs, 


App. by Gov. and Sen . 


3 years. 


5.000 


Com'r of Excise, 


do. 


5 years. 


5,000 


Railroad Conors 


do. 


5 j r ears, 


8,000 


Civil Service ConVrs. 


do. 


Not defined, 3,000 


Sup't State Prisons, 


do. 


5 years, 


6.000 


Regents of the University. 


do. 


Life, 





CIVICS AND SCHOOL LAW. 27 

Superintendent of Public Instruction. 

Term.— 3 years. 

Term begins. — April 7. 

How and when elected— By joint ballot of the senate and 
assembly on the second Wednesday of February next 
preceding the expiration of the term of his predecessor. 

Salary.— $5,000. 

Appointments.— Two deputies (salary $4,000) and clerks. 
First deputy shall perform duties of Superintendent in 
case he vacates office. If the office of Superintendent and 
that of his deputy be vacant, the governor shall appoint a 
person to fill vacancy. 

Duties.— 1. Ex-officio a regent of the University of 
the State of Xew York, a trustee of Cornell University. 

2. Have general supervision over the State normal 
schools. 

3. Provide for the education of the Indian children of 
the State. 

4. Annually report to the legislature : (a) the condi- 
tion of the common schools of the State ; (b) the appor- 
tionment of school money made by him ; (c) plan for the 
improvement of the schools and the advancement of pub- 
lic instruction in the State. 

5. Grant certificates of qualifications to teach, and may 
revoke the same. 

6. Keep in his office a list of all persons who hold a 
license to teach in the State. 

7. Remove a school commissioner from office for 
violation or neglect of official duty. 

8. Prepare suitable registers, blanks, forms, and regu- 
lations for making all reports as he shall deem conducive 
to the proper organization and government of the com- 
mon schools. 



28 



CIVICS AND SCHOOL LAW. 



9. Apportion to the counties according to their popula- 
tion, or before the 20th of January, all school or public 
moneys. Said moneys shall be payable on the 1st day 
of April next after the apportionment. 

10. In case of an appeal to him from any act or decis- 
ion pertaining to common schools, his decision shall be 
final. 

11. Have charge of teachers' institutes and training 
classes. 

12. Enforce the compulsory education law. 

13. Remove from office for reason, any school district 
officer. 




Chapter VIII. 

NATIONAL OFFICERS. 

For duties of President and Vice-President, see United 
States Constitution. 

The President's Cabinet consists of Secretary of State, 
Secretary of the Treasury, Secretary of War, Secretary 
of Navy, Secretary of Interior, Postmaster General, At- 
torney-General, Secretary of Agriculture. These are ap- 
pointed by President and confirmed by the U. S. Senate. 
Salary $8,000. 

Secretary of State. 

Duties. — 1. Preserve public records, laws, arguments 
and treaties. 

2. Supervise their publication. 

3. Conduct the government's foreign correspondence. 

4. Make out and record passports. 

Secretary of Treasury. 

Duties. — 1. Receive all moneys paid into the U. S. 
Treasury. 

2. Collect the government's revenues. 

3. Audit government accounts. 

4. Supervise the execution of laws relating to com- 
merce, currency, coast survey, the mint and coinage, 
etc. 



30 CIVICS AND SCHOOL LAW. 

Secretary of War. 

Duties. — i. Have charge of business of the govern- 
ment's military affairs. 

2. Keep records of the army. 

3. Direct the government of troops. 

4. Superintend the payment, stores, arms, and equip- 
ment 01 the army. 

5. Construct fortifications. 

Secretary of the Navy. 

1. Have charge of naval establishments. 

2. Issue naval commissions. 

3. Supervise the enlistment and discharge of seamen. 

4. Construct navy yards and docks. 

5. Supervise equipment of vessels and coast surveys. 

Secretary of the Interior. 

1. Have charge of public lands. 

2. Have charge of pensions and Indian affairs. 

3. Award patents and copyrights. 

4. Supervise census taking. 

5. Bureau of education is in his department. 

Postmaster General. 

1. Have charge of postal system. 

2. Have charge of post-offices. 

3. Make contracts for carrying the mails. 

Attorney General. 

1. Legal adviser of president and his cabinet. 

2. Examine applications for pardons. 

3. Conduct suits for the government. 



CIVICS AND SCHOOL LAW. 81 

Secretary of Agriculture. 

1. Investigate the destruction of injurious insects, and 
the eradication of diseases of live stock. 

2. Distribute seeds. 

3. Investigate the qualities of fertilizers. 

In addition to the departments mentioned, the fol- 
lowing bureaus have been established : Civil service 
commission, interstate commerce commission, U. S. fish 
commission, library of congress, bureau of ethnology, 
national museum, etc. 




Chapter IX. 

SCHOOL DISTRICT OFFICERS. 

Trustee. 

Term. — One year, if one trustee ; three years, if three. 

How and when elected — By ballot at annual school meet- 
ing. [The annual school meeting of each district (ex- 
cept in districts organized under special acts) shall be 
held on the first Tuesday of August, and, unless otherwise 
fixed by vote of a previous district meeting, the same 
shall be held at the school house, at 7 130 o'clock in the 
evening.] In districts having more than 300 children of 
school age, the trustees are elected by ballot on the first 
Wednesday, between 12 m. and 4 p. m. 

Term begins.— Immediately after election. 

Change in number.— District may change from three to 
one by majority vote ; from one to three by two-thirds 
vote. 

Eligibility.— Must be a resident of the district and quali- 
fied to vote at its meetings, must be able to read or write, 
male or female, and cannot hold the office of district col- 
lector, clerk, librarian, supervisor, or school commis- 
sioner. 

Vacancy filled. — By district within 30 days after vacancy ; 
after that by appointment by school commissioner. 

How vacates office. — By publicly declaring that he will 
not accept the office, by neglecting to attend three suc- 
cessive meetings of board, by accepting any office men- 
tioned under Eligibility. The superintendent may re- 
move a trustee for neglecting his official duty or disobey- 
ing orders of State Superintendent. 



CIVICS AND SCHOOL LAW. 33 

Penalty.— Any duly qualified person elected to the of- 
fice of trustee, who refuses to serve as trustee, forfeits 
$5, or who has not refused to accept but who neglects 
to perform the duties of his office, forfeits $10. 

Notice of Election. — Any school district officer, present 
at a school meeting electing him, is considered to have 
sufficient notice of his election. 

Duties.— i. Call special meetings. 

2. Make out tax-list within 30 days after tax has been 
voted by district. 

3. In absence of district clerk, give notice of meetings. 

4. Annex to tax-list a warrant directed to the collect- 
or. 

5. Purchase or lease school-house site. 

6. Have custody of school property. 

7. Insure the school property. 

8. Employ teachers as needed. He cannot employ 
a teacher for less than 10 weeks, unless to fill out an un- 
expired term, or for more than one year. 

9. Provide two water-closets with separate approaches, 
which shall be separated by a close fence not less than 
seven feet high. Must be kept in wholesome condition. 
For failure to comply w r ith this act, the State superin- 
tendent may withhold from the district its public money. 

10. For sufficient reason, the trustees of a district may 
dismiss a teacher. 

11. Must make annual report to the school commis- 
sioner on August 1st, in each year ending on July 31st 
preceding, sign and certify to the same and deliver to 
town clerk. 

12. Provide for janitor work. 

13. Establish temporary or branch school to relieve 
an over-crowded school-room. 

14. Submit plan of ventilating, heating and lighting 
of a proposed new school-house to the school commis- 



34 CIVICS AND SCHOOL LAW. 

sioner for his approval. (The installments for a new 
school-building shall not extend beyond 20 years.) 

15. Draw orders upon the supervisor, or district col- 
lector, or district treasurer for teachers. 

16. Keep all school property in proper repair. He 
may spend for this purpose without a vote of the dis- 
trict $50, abate a nuisance at an expense not exceeding 
$25, and purchase apparatus to the amount of $25. 

17. Make a written report to the annual school meet- 
ing of the district. 

18. Fill vacancies in the office of district clerk, district 
collector, district treasurer, and district librarian. 

District Clerk. 

Term of office, mode of election, and eligibility are 
the same as those of trustee. 

Duties. — 1. Must notify in writing the persons elected 
to district offices. If such notified persons do not file 
with the clerk a written refusal to serve within five days 
from said notification, he is deemed to have accepted the 
office to which he was elected. 

2. Record the proceedings of all district meetings and 
all reports of the trustee to the school commissioner. 

3. Give notice of time and place of the annual school 
meeting, of special district meeting, and of all adjourned 
meetings. If his office be vacated, trustees shall call 
special meeting. If offices of both clerk and trustee be 
vacated, the school commissioner shall call such meet- 
ing. No other business shall be transacted at such meet- 
ing except that which is specified in the notice. The 
notice shall be served upon each taxable inhabitant quali- 
fied to vote at district meetings, at least five days before 
day of said meeting. To notify said voter, said notice 
shall be read in the voter's hearing, or in case of his 
absence a copy of the notice, or so much thereof as re- 



CIVICS AND SCHOOL LAW 35 

lates to the time, place and object of the meeting shall be 
left at his abode six days before time of meeting. 

3. Notify persons elected or appointed to district offices 
and report the names and addresses of such persons to- 
town clerk. For failure to file such notice, a penalty of 
$5 may be imposed for each and every such neglect. 

4. Post in at least five of the most public places of dis- 
trict, notice of an adjourned meeting and of every annual! 
school meeting, at least five days before the time appoint- 
ed for such meeting. 

5. Keep and preserve all records belonging to his of- 
fice, and deliver the same to his successor, or in dissolved 
districts, to the town clerk. Penalty for non-compliance 
is $50. 

6. When requested, attend all meetings of trustees and 
keep a record of the same. 

District Treasurer. 

NOTE.— Treasurer elected at option of district. 

Eligibity. — Must be a taxable inhabitant of the district. 
In other respects, his eligibility, election and term of of- 
fice are the same as those of trustee. 

Duties — 1. Custodian of all moneys belonging to the 
district. 

2. Execute and deliver to trustee, with two sureties, 
a bond, the amount of which shall be fixed by district 
meeting. 

3. File such a bond with district clerk. 

4. Pay over to successor district moneys remaining in 
his hands. 

5. Pay out money only upon the written order of 
trustee. 

6. Make an itemized report at annual school meet- 



36 CIVICS AND SCHOOL LAW. 

District Collector. 

Term of office, election and eligibility are the same 
as those of the trustee. Entitled to a fee of one per cent, 
on moneys received during the first 30 days and five per 
cent, on all moneys collected thereafter. 

Duties — 1. Execute with two sureties, approved by 
trustees, a bond, not less than ten days before receiving 
warrant for the collection of taxes, in such an amount as 
the district meeting shall have fixed. The bond, with the 
approval of the trustees endorsed upon it, shall be filed 
in the town clerk's office. 

2. Execute a bond for double the amount of the last 
apportionment to district, with like conditions of sureties 
when he shall disburse to teachers the money apportion- 
ed by the State for teachers' wages. 

3. Perform duties of district treasurer, if district does 
not elect one. 

4. After 60 days after receiving tax list and warrant, 
he shall return the same to the trustees, who must file the 
same in town clerk's office within 15 days after their 
return. 

5. Report to supervisor of town all school money in 
his hands on or before the first Tuesday in March. 

6. Pay over to his successor all school moneys left in 
his hands. 

Libraries. 

Librarians.— The trustees shall appoint a teacher of the 
school as librarian. 

Care of library — The librarian and trustees shall be re- 
sponsible for the proper care of the books, and shall make 
such reports as the superintendent requires. 

Conditions for obtaining State library money. — Common 
school districts shall raise the minimum amount of $5 



CIVICS AND SCHOOL LAW. 37 

and not more than $10; union free school districts $10 
and not more than $25. [The State money available for 
school libraries is $55,000 annually.] 

2. Trustees must make application to the school com- 
missioner for duplication of above amounts. 

3. The district may raise the money by tax or other- 
wise. 

4. Application must be reported to the superintendent 
between the annual school meeting and the third Tues- 
day in March. 

5. Library money will be paid to supervisor with the 
public money. 

6. List of books must be approved by the superintend- 
ent. 

7. The books must consist chiefly of books of refer- 
ence, history, science, travel, classical or standard litera- 
ture and pedagogy. 

8. Entire sum appropriated must be expended before 
the close of the school year. 

9. The librarian shall keep a careful record of the 
books loaned and of additions by purchase or otherwise, 
and at the close of the year shall give to the trustees a 
report of the condition of the library, and any recom- 
mendation which he may choose to offer. 

10. State Superintendent may withhold public school 
money from a district for violating any of the provisions 
of the library law. 

11. School library Cannot be used for a circulating 
library. But students, school officers and teachers, may 
use books, when the rules of the State Superintendent 
permit, and the books are not needed by the school for 
reference. Such books must not be kept for more than 
two weeks. 



Chapter X. 

SCHOOL DISTRICTS. 

School District — A school district is a subdivision of a 
town or city having its own school officers for the pur- 
pose of maintaining a public school therein. 

Union Free School Districts are those that have a board of 
education and are organized as such under the pro- 
visions of the consolidated school law or under a special 
act of the State Legislature. 

Common School Districts are those under a trustee or 
trustees. 

Joint Districts are those lying in two or more school- 
commissioner districts. It is supervised by the commis- 
sioner in whose district the school house is located. All 
of the above are public schools, since they are free to all 
children of school age in the district and are supported 
bv public taxation. 

School Year.-— From August ist to the thirty -first of 
Julv following. 

Qualification of voters at school meeting. — Every person of 
full age residing in any school district and who has re- 
sided therein for a period of 30 days next preceding 
any annual or special meeting held therein, and a citizen 
of the United States, who owns or hires, or is in the 
possession, under a contract of purchase, of real property 
in such school district liable to taxation for school pur- 
poses : and every such resident of such district, who is 
a citizen of the United States, of 21 years of age, and is 
the parent of a child or children of school age, some one 
or more of whom have attended the district school in 
said district for a period of at least eight weeks within one 



CIVICS AND SCHOOL LAW. 89 

year preceding such school meeting ; and every such 
person not being the parent, who shall have permanent- 
ly residing with him or her a child or children of school 
age, some one or more of whom shall have attended the 
district school in said district for a period of at least 
eight weeks within one year preceding such meeting ; 
and every such resident and citizen as aforesaid, who 
owns any personal property, assessed on the last preced- 
ing assessment-roll of the town, exceeding fifty dollars 
in value, exclusive of such as is exempt from execution. 
Xo person shall be deemed to be ineligible to vote at 
any such school district meeting, by reason of sex, who 
has one or more of the other qualifications aforesaid. 

Challenge. — Any legal voter at a district meeting may 
challenge any person offering his vote at such meeting. 
If the challenged person can declare that he is a qualified 
voter at the meeting, he shall be permitted to vote ; other- 
wise his vote shall be rejected. 

Powers of annual meetings.— i. Appoint a chairman 

2. Elect by ballot the school officers. 

3. Adjourn from time to time. 

4. Designate site for school-house. 

5. Determine to have a treasurer of district. 

6. Fix amount of bonds of collector and treasurer. 

7. Vote a tax for a school library. 

8. Vote a tax to supply deficiency in anv former tax. 
Failing in this the trustee may raise by direct tax any 
reasonable sum to pay balance of teacher's wages remain- 
ing unpaid, but not for more than four months in ad- 
vance. 

9. Authorize the trustee to insure the school property. 

10. Vote a tax for teacher's wages. 

11. Alter and modify their proceedings. 

12. Vote a tax not exceeding $25 in any one year for 
the purchase of maps, etc. 



40 CIVICS AND SCHOOL LAW. 

13. By a two-thirds vote, adopt text-books for five 
years. A text-book may, however, be changed during 
the five years by a three-fourths vote of the legal voters 
of the district at an annual meeting. At the expiration 
of the five years, another text-book may be adopted in 
common school districts by a two-thirds vote ; in a 
union school district by a majority vote of the board of 
education. Any person violating the above is liable to 
a fine of not less than $50 nor more than $100 for each 
offense. 

Urrion free-school districts.— A special school meeting musi 
be called, if 15 qualified voters at a district meeting re- 
quest, in writing to the trustee, that a union free-school 
district be formed. 

Notice of meeting.— Within 10 days after the above re- 
quest, the trustee must give notice of the special meet- 
ing within 20 to 30 days from the date on which the no- 
tice is given. 

Meeting. — 15 qualified voters of the district must be pres- 
ent to make the proceedings of the meeting legal. A 
majority vote will decide the question. 

Filing of papers — Copies of all proceedings certified by 
chairman and secretary up to and including the affirma- 
tive vote must be filed in the town clerk's office, with the 
school commissioner, and with the Superintendent of 
Public Instruction. 

Date of annual meeting in union free-school districts 1st 

Tuesday in August, if district boundaries do not cor- 
respond to those of village or city, otherwise no annual 
meeting is held. 

Powers of Board of Education. — 1. Adopt by-laws for its 
own government. 

2. Prescribe a course of study for the school. 

3. Prescribe the text-books used. 



CIVICS AND SCHOOL LAW. 41 

4. Prescribe the rules and regulations for the govern- 
ment and discipline of the school. 

5. Transfer pupils and admit non-residents. [Non- 
residents are exempt from tuition each year to the 
amount of school taxes their parents pay annually.] 

6. Purchase site designated by a district meeting and 
construct school-house. 

7. Purchase furniture, apparatus, etc. 

8. Repair school-house and furniture. 

9. Establish an academic department. 

10. Insure property. 

11. Fill vacancies in the board. 

12. Remove members for misconduct. 

13. Appoint an attendance officer. 

14. Hold legacies in trust. 

15. Publish each year 20 days before the annual meet- 
ing, in at least one newspaper of the district, a detailed 
account of all moneys received and expended. 

16. In villages of 5000 or over, appoint a superintend- 
ent. 

17. Establish truant schools. 

18. Establish kindergartens. 



Chapter XL 

TEACHERS. 

Licenses: 

a. Normal school diploma. 

b. State certificate. 

c. College graduate certificate. 

d. Uniform certificate. 

e. Training class certificate. 

f. Temporary license. 

g. Drawing certificate. 

h. Kindergarten certificate, 
i. Vocal music certificate. 

a. A normal school diploma is issued to one who has 
completed the course prescribed in one of these schools ; 
it is a life license to teach. 

b. A state certificate is issued to one who has taught 
successfully two years and who passes the subjects for 
a first grade certificate and astronomy, botany, chemistry, 
geology, general history, plane geometry, literature, phi- 
losophy of education, rhetoric, zoology, French. German 
or Latin may be offered for astronomy or zoology. The 
trials extend over three years. The certificates are good 
for life. 

c. A college graduate certificate may be granted to 
college graduates of three years' experience in teaching. 
A college graduate professional certificate good for three 
years is furnished at graduation to students of approved 
colleges who have taken a professional course in peda- 
gogy approved by the superintendent. 

d. Uniform certificates are of three grades — first, sec- 
ond and third. 



CIVICS AND SCHOOL LAW. 48 

Third Grade. 

Term. Issued for one year, and limited to a particular 
school or grade. (This rule is subject to general rule 

no 

Number of Certificates. But one certificate of this grade 
shall be granted to the same person. 

Experience. Xone. 

Educational requirements. Candidates shall be required 
to pass a written examination in American history, arith- 
metic, composition, geography, grammar, orthography, 
penmanship, physiology and hygiene, school law, and 
reading. 

Standing required. 75 per cent in each subject. 

Number of trials allowed. Four examinations within one 
year. 

Date of Certificate. Uniform certificates of all kinds are 
dated August ist. 

Second Grade. 

Term. Issued for three years. 

Number of Certificates. But one certificate to the same 
person. 

Experience. 10 weeks ; attendance upon a normal 
school or upon a training class, under the supervision 
of the Department of Public Instruction for one year, 
will be accepted in lieu of such experience. 

Educational requirements. American history, arithmetic, 
civil government, school law, composition, current topics, 
drawing, geography, grammar, methods and school 
management, orthography, penmanship, physiology and 
hygiene, and reading. 

Standing required. 75 per cent, in each subject except 
drawing, and in that subject a standing of 65 per cent. 



44 CIVICS AND SCHOOL LAW. 

Number of trials allowed. Candidates must obtain the 
required standing for such certificate within two years 
from the date of the first examination. 

First Grade. 

Term. 10 years. 

Renewals. If the holder has taught under one for five 
years, he may have any school commissioner renew it for 
10 years. 

Experience. Two years. 

Educational requirements. Algebra, American history, 
arithmetic, bookkeeping, civil government, composition, 
current topics, drawing, geography, grammar, methods 
and school economy, orthography, penmanship, physics 
(elementary), physiology and hygiene, and school law. 

Standings. 65 per cent, in drawing and 75 per cent 
in all other subjects. 

Number of trials. During three years. 

Times of examinations in all grades August, November, 

January, and April. 

Exempt from Examination. 

Candidates who have attained 90% in any subject 
under the merit rules will be exempt from examination 
in such subjects. 

Five years' experience — The holders of second-grade cer- 
tificates who have taught successfully for five years will 
be exempt from examination in all subjects credited on 
their present second-grade certificates with a standing 
of 75 per cent. 

State examinations — Candidates for certificates of any 
grade shall be exempt from examination in any sub- 
ject in which they have attained a standing of 75 per 



CIVICS AND SCHOOL LAW. 45 

cent, in an examination for a state certificate, as shown 
by any partial state certificate issued not more than five 
years previously. 

Training Class Certificates. 

Term — Issued for three years. 

Renewals — Renewable under the same conditions that 
first-grade certificates are renewable. 

Experience — Attendance upon a training class for at 
least two terms, as provided in the training class regu- 
lations. 

Educational requirements — 75 per cent, in each of the 
subjects for a second-grade certificate, and 75 per cent, 
in all professional subjects designated in the course of 
study for teachers' training classes. The professional 
subjects now required are methods, history of education, 
school management and art of questioning, and psychol- 
ogy. 

f. Temporary Licenses. 

These are issued by the superintendent of public in- 
struction for such time as he deems necessary, but only 
in cases in which public convenience absolutely requires 
it. 

g. Drawing Certificates. 

Limitations — These certificates entitle the holder to 
teach drawing only. 

Term — 3 years. 

Renewals — Under the same conditions that first-grade 
certificates are renewable. 

Experience — One year's successful experience in teach- 
ing in public schools or one year's professional training 
in a normal school in this state, in a training class or 



46 CIVICS AND SCHOOL LAW. 

some other institution approved by the state superin- 
tendent of public instruction. 

Educational requirements — A third-grade certificate, and 
75 per cent, on a special paper in drawing. Graduates 
of an approved high school course will not be required 
to submit papers in third-grade subjects. 

h. Kindergarten Certificates. 

Limitation. — A kindergarten certificate shall entitle its 
holder to teach in a kindergarten only. 

Term — 3 years. 

Renewals — Under the same conditions that first-grade 
certificates are renewable. 

Experience — One year's professional training in kin- 
dergarten work in a normal school in this state or in a 
training class or in some other institution approved by 
the state superintendent of public instruction. 

Educational requirements — 75 per cent, each in methods, 
school management, history of education, and 75 per 
cent, in a special examination in the subject of kinder- 
garten work ond in any other special professional sub- 
ject designated for training classes. 

Number of trials — Candidates may combine the standing 
earned in three consecutive examinations. 

i. Vocal Music Certificates. 

Limitations — Certificates may be granted to candidates 
who establish to the satisfaction of the state superintend- 
ent that they are qualified to teach vocal music. Such 
certificate shall entitle its holder to teach music only. 

Term. — 3 years. 

Renewals — Under the same condition* that first-grade 
certificates are renewable. 



CIVICS AND SCHOOL LAW. 47 

Xote. — A school district employing the holder of a 
music certificate for the full period of school for each 
day for the required number of days (160), shall be en- 
titled to a full district quota ; but if such teacher shall 
be employed for a shorter time than the full period 
each day, the district quota apportioned for such teachers 
shall be in proportion to the time employed each day. 

REGULATIONS FOR CITIES. 

Primary and Grammar Schools. 

Xo person who does not possess one of the following' 
evidences of qualifications can be employed in the pri- 
mary and grammar schools of a city employing a super- 
intendent of schools : 

(•a) A life state certificate issued by the state superin- 
tendent of public instruction. 

(b) A diploma issued by the authorities of a state 
normal institution in this state. 

(c) A college graduate certificate issued by the state 
superintendent of public instruction. 

(d) Graduation from a three years' course in a high 
school or academy approved by the state superintendent 
of public instruction, or from an institution of learning 
of equal or higher rank likewise approved, and subse- 
quently thereto graduation from a school or class for 
the professional training of teachers, haaving a course 
of not less than 38 weeks, and which must also be ap- 
proved by the state superintendent of public instruction. 

(e) Three years successful experience in teaching 
and a valid teacher's certificate. Division (e) does not 
apply to Albany, Buffalo, Jamestown, Middletown and 
Xew York. 



48 CIVICS AND SCHOOL LAW. 

High Schools. 

After August i, 1901, no person who does not possess 
one of the following qualifications or who was not em- 
ployed in high school teaching in this state during the 
school year ending July 31, 1901, shall be employed 
to teach in any high school or high school department 
in any city whose teachers are examined and licensed 
under the authority of the state department of public 
instruction or in any village authorized by law to em- 
ploy a superintendent of schools : 

(a) A state certificate issued since 1875, by the state 
superintendent of public instruction. 

(b) A college graduate certificate issued by the state 
superintendent of public instruction. 

(c) Graduation from a college approved by the state 
superintendent, and graduation from a pedagogical 
course in a university or college also approved by the 
state superintendent, or graduation from an approved 
college and a uniform certificate of any grade. 

(d) A normal school diploma issued on the comple- 
tion of a course in a state normal school in this state, 
or in a state normal school of another state when such 
course has been approved by the state superintendent 
of public instruction. 

(e) A first-grade uniform certificate. 

These rules apply to all cities in the state except Al- 
bany, Buffalo, Jamestown, Middletown and New York. 
The certification of teachers in these cities is under the 
supervision of local authorities. 

Annulment of Certificate — In New York State a license 
to teach may be annulled upon proof that the teacher 
is lacking in moral character, learning, ability to teach, 
or has failed to attend a teachers' institute, or to keep 
an engagement to teach. 



CIVICS AND SCHOOL LAW. 49 

The state superintendent can annul a teacher's cer- 
tificate for any of the above causes ; the school commis- 
sioner can annul a teacher's certificate for immoral con- 
duct only. 

Conditions on which an annulment may be made be- 
cause of immoral conduct are : (a) The charges must 
be specific ; (b) only present offence can be considered ; 
(c) the offence must be serious ; (d) the teacher must 
have notice. 

Teacher's Contract. 

Prerequisites. — (.a) Required age, 18 years; (b) unex- 
pired license to teach ; (c) no relation to trustee, unless 
trustee is authorized to hire such teacher by a two- 
thirds vote of legal voters in district, or unless the 
teacher is hired by board of education, one of whose 
members is related to teacher. 

A trustee making a contract with a teacher who has 
not the proper prerequisites to teach is personally lia- 
ble for the salary of the teacher. 

Conditions. — The teacher's contract (called memoran- 
dum of hiring) must be written, must be signed by officer 
or officers employing the teacher and by the teacher, and 
must be delivered to teacher. A duplicate copy is re- 
tained by the contracting trustee or trustees. The con- 
tract must contain : (a) length of the term of employ- 
ment ; (b) the amount of compensation ; (c) the time 
or times when such compensation shall be due. The 
pay of any such teacher shall be due and payable at 
least as often as at the end of each calendar month of 
the term of employment. Whether stated in the con- 
tract or not, it is implied that the teacher shall fill all 
blanks in the school register, preserve it, verify its cor- 
rectness by oath, and deliver it to district clerk. 



50 CIVICS AND SCHOOL LAW. 

Power of trustees over teacher under contract Trustees may 

make rules and regulations relative to the discipline of 
the schools under their charge ; prescribe the studies to 
be taught; grade and classify the school; regulate the 
admission of pupils, and the management and superin- 
tendence of said school. Teachers have the exclusive 
control of the methods of imparting instruction ; of the 
assignment of seats to pupils ; of regulating the order in 
which classes shall recite ; of conducting recitations and 
examinations. 

Removal of teachers — A board of education cannot re- 
move a teacher while under contract except for "neglect 
of duty, incapacity to teach, immoral conduct, or other 
sufficient cause.'' 

Extent of teacher's authority — The teacher's authority 
over a pupil is the same as that of a parent. It begins 
and ends on the school ground, though cases may be 
cited showing such authority may extend beyond these 
limits. The right of a teacher to detain pupils after 
school hours is questionable ; but trustees and parents 
usually sanction such detention. 

Corporal punishment — Teachers have a legal right to 
inflict corporal punishment, unless such punishment has 
been forbidden by statute or by an act, of the trustees, 
and unless it is unreasonable and immoderate in degree. 

Suspension and expulsion of pupils The teacher may dis- 
miss a pupil for a day, but not for a longer period. This 
action of the teacher must be reported to the trustee by 
the close of school on the day during which the dismissal 
occurred. The trustee may then suspend the pupil for 
not more than 10 days, if such pupil is between 8 and 
16 years of age, unless said trustee provides a place at 
which such pupil may receive instruction. 



CIVICS AND SCHOOL LAW. 51 

The trustee only may expel a pupil. Causes of expul- 
sion are : (a) Immorality of pupil ; (b) insubordination ; 
(c) damage to school property ; (d) infectious disease ; 
(e) lack of vaccination ; (f) incapacity. 

Immoral and incorrigible pupils between 8 and 16 
years of age should be proceeded against as disorderly 
persons. See Compulsory Education Law. 




Chapter XII. 

STATE SCHOOL MONEY AND APPORTIONMENT. 

Sources. — i. The Literature Fund, established in 1786, 
grew out of the sale of public lands. It has been in- 
creased by grants from the legislature. The income 
from this fund is apportioned by the regents for the bene- 
fit of high schools and academies. 

2. The Common School Fund was established in 
1805. It grew out of the sale of 500,000 acres of State 
lands. From the income of this fund, $170,000 are an- 
nually apportioned to the common schools and $6,000 
to the Indian schools. 

3. The United States Deposit Fund grew out of an 
act of congress which, in 1836, divided the surplus in 
the United States treasury among the States according 
to their representation. New York's share was about 
$4,000,000. The income from this fund is distributed by 
the regents to academies, public libraries and for re- 
gents' examinations ; and a portion is added each year 
to the common school fund. 

4. The Free School Fund is the amount fixed annu- 
ally by the State legislature and is used for common and 
normal schools, teachers' institutes, training classes, 
school commissioners' salaries, and other expenses of 
the department of public instruction. 

5. The College Land Script Fund grew out of the 
sale of the western public lands that were granted by the 
United States for the State agricultural colleges. Its 
income is paid to Cornell University to maintain free 
scholarships, one to each of the 150 assembly districts in 
the State. 



CIVICS AND SCHOOL LAW. 5S 

6. The General School Tax is paid from the general 
treasury of the State for educational purposes, such as 
for the State library and museum, reform schools, etc. 

7. Local Taxes pay about three-fourth of the annual 
common school expenses. 

How apportioned by State Superintendent — 1. On or be- 
fore Jan. 20, he sets apart from the free school fund the 
commissioners'' salaries. 

2. From the same fund, the sum of $800 to each city 
of the State and to each incorporated village having a 
population of 5,000 or upwards, and to each union free 
school district having a like population, employing a 
superintendent of schools, and in case any city is en- 
titled to more than one member of assembly, according 
to the unit of representation, adopted by the legislature, 
$500 for each additional member of assembly. (The 
superintendent must give his entire time to the super- 
vision of schools, and the State superintendent shall 
cause an enumeration of the inhabitants to be taken to 
ascertain whether the population is 5,000). 

3. From the United States Deposit Fund, the library 
money. 

4. From the Free School Fund, a sum not exceeding 
$6,000, for contingent fund. 

5. From State Tax, a sum for the support of the In- 
dian schools. 

6. The remaining school moneys shall be divided 
in two parts. He shall apportion to each school district 
having an assessed valuation of $40,000 or less, and 
maintaining a school with a duly qualified teacher or 
succession of duly qualified teachers for 160 days, inclu- 
sive of legal holidays that may occur during the term of 
said schools and exclusive of Saturday, a district quota 



54 CIVICS AND SCHOOL LAW. 

of $150, and a district quota of $125 to all other districts. 
Each district is entitled to as many quotas as it has duly 
qualified teachers, teaching in the district for 160 days 
during the school year. For every additional duly quali- 
fied teacher employed the required time of 160 days, the 
district or city shall be entitled to one teacher's quota. 
The amount of a teacher's quota for each city, district and 
Indian reservation is $100. (Note the distinction be- 
tween a teacher's and a district quota). 

7. The remainder of the State school moneys, and 
the library moneys separately, shall be apportioned 
among the counties, according to population. 

How apportioned by School Commissioner On the third 

Tuesday in March, in each year, he (1) shall set apart 
the district and teacher's quotas apportioned by the su- 
perintendent ; (2) shall set apart to every district which 
did not participate in the apportionment of the previous 
year such equitable sum as the superintendent shall have 
allowed it ; (3) shall apportion in each district its library 
money ; (4) shall apportion remaining money belonging 
to districts according to aggregate attendance of resi- 
dent pupils between 5 and 18 years of age. If the district 
maintains a kindergarten, the age limits are 4 to 18. 

How distributed by the State and County Treasurers The 

moneys so apportioned are payable on April 1st, succeed- 
ing, to the county treasurer, who shall, upon receipt of 
the commissioner's certificate of apportionment, pay to 
each supervisor the moneys apportioned to his town 
when the supervisor shall have filed a bond approved by 
the treasurer. 

How distributed by Supervisor — The supervisor shall pay 
out the library moneys, and the school moneys for 
teachers' wages upon the written order of trustees. If 



CIVICS AND SCHOOL LAW. 



55 



the district shall have a treasurer or shall have desig- 
nated the collector to be the custodian of the school 
moneys, these officers shall receive from the supervisor 
said school moneys. 




3L--*\lk& 



Chapter XIII. 

TEACHERS' TRAINING CLASSES AND SCHOOLS. 

Conditions of appointment — No school shall receive an 
appointment unless it can (a) furnish an instructor 
for not less than 4 recitations daily of 35 minutes each, 
who is a college graduate or a normal school graduate 
of this State, who has had at least three years' experience 
in teaching, or a holder of a State certificate granted 
since 1875; (b) pay a salary of at least $500 to the in- 
structor; (c) furnish a suitable room, separate from other 
departments of the school ; (d) furnish the class oppor- 
tunities for observing methods of teaching in the grades 
and for practice in teaching ; (e) conduct the recitations 
of the class separate from the recitations of other classes 
of the school ; (f) maintain a class for at least 36 weeks. 

Qualifications of members — 1. 17 years of age at least. 

2. Must subscribe to a declaration that it is their inten- 
tion to remain in the class during the year, unless ex- 
cused for cause, and to teach at completion of course. 

3. Must possess moral character, talents and aptness 
necessary to success in teaching. 4. (a) Must hold an 
unexpired second or third grade certificate, or one that 
has expired not earlier than the end of the school 
year preceding, (b) A standing attained subsequent to 
August 1, 1902, of at least 70 per cent, in arithmetic, 
composition, geography, grammar, spelling, penmanship, 
physiology, American history, and civics. Standing of 
65 per cent, gained since August 1, 1901, will be ac- 
cepted, (c) A regents' preliminary certificate, or a ninth 
grade certificate issued by the department of public in- 
struction, and 14 academic counts, 4 of which shall be 



CIVICS AND SCHOOL LAW. 57 

English, 2 in American history, 2 in civics, 2 in phys- 
iology, and 4 optional. The candidate is recommended 
to select for his optional counts from foreign history, 
drawing and algebra. 

Organization — 1. The school year is divided into two 
terms of hot less than 18 weeks. 

2. New classes are organized in September only, but 
fully qualified candidates may be admitted at the begin- 
ning of the second term. 

3. The class must consist of not less than 10 nor 
more than 25 members. 

4. An organization blank and register must be filled 
out and sent to the department at the end of the third 
week. 

Course of study — Arithmetic, psychology and principles 
of education, school management, including the art of 
questioning, history of education, American history, 
drawing, language and grammar, geography, physiol- 
ogy, reading, civics and school law. 

Examinations — These will begin on the third Tuesday 
in January and on the second Tuesday in June, and con- 
tinue for $y 2 days. Successful candidates, will receive 
certificates valid for three years and thereafter renewa- 
ble for five year periods, if the holder has had at least 
two years of successful experience under the certificate. 

Duties of the school commissioner — School commissioners 
are instructed to accept a year's work in a training school 
in lieu of 10 weeks of successful experience in teaching 
required for a second grade certificate. He is directed 
by law to visit and inspect the classes once each month, 
to advise and assist the principals in the organization 
and management of the classes, to conduct the final ex- 
aminations, and to issue certificates as prescribed by the 
State superintendent. He shall require members of 
classes to attend teachers' institutes. 



58 CIVICS AND SCHOOL LAW. 

Duties of State superintendent to classes — i. Apportion 
out of the income of the United States Deposit Fund, not 
otherwise apportioned, $30,000, and out of the Free 
School Fund, $30,000, for the instruction of the members 
of the classes. 

2. Designate the schools in which instruction shall 
be given. 

3. Prescribe the course of study, the conditions of 
admission, determine the number of schools which may 
be formed in one year. 

4. Maintain adequate inspection and supervision and 
pay for the same out of the above appropriations. 

City Training Schools. 

The public school authorities of any city or any vil- 
lage employing a superintendent of schools may establish 
and maintain one or more training schools for the pro- 
fessional instruction of teachers for not less than 38 
weeks. 

No one is eligible to these classes who has not been 
graduated from a high school or academy having a three 
years' course, approved by the State superintendent or 
from some other institution of equal or higher rank. 

The State superintendent is authorized to set apart 
each year from the free school fund for this purpose a 
sum not to exceed $25,000. (Chap. 644, Laws of 1901.) 
Formerly the sum was $100,000. 

(See article Primary and Grammar schools, under 
Regulations for Cities. That is a part of this act.) 



Chapter XIV. 

PHYSIOLOGY, FLAG LAW AND FIRE DRILL, ETC. 

Physiology Law. 

Purpose — The nature of alcoholic stimulants and nar- 
cotics and their effects on the human system shall be 
taught in all schools supported by public money and in 
reformatory institutions. 

Who shall receive instruction — All pupils in the above 
schools below the second year of the high school and 
above the third year primary, not including the kinder- 
garten year, shall be taught this subject with text books 
in the pupils' hands for not less than three lessons a 
week for ten or more weeks, or the equivalent. Oral 
instruction shall be given in the three primary grades 
for not less than two lessons a week for ten weeks, or the 
equivalent. 

Text Books — The text books in the hands of the pu- 
pils must be graded to the capacities of fourth-year, in- 
termediate, grammar, and high school pupils. The text 
books in the grades must give one-fifth of their space 
and those in the high school twenty pages to the nature 
and effects of alcoholic drinks and narcotics. 

Regents' examinations — All regents' examinations in 
physiology and hygiene must include a due proportion 
of questions on the nature of alcoholic drinks and nar- 
cotics and their effects on the human system. 

Where taught — The best methods of teaching this 
branch must be given in all normal schools, 
classes and teachers' institutes. 



60 CIVICS AND SCHOOL LAW. 

Duty of teachers — Every teacher must pass satisfactory 
tests in this topic. For refusing to teach it, the State su- 
perintendent shall revoke the teacher's license. 

Withholding public money.— If a public school fails to 
comply with this law, the State superintendent shall with- 
hold all its public money. 

Flag Law. 

The school authorities of every public school in the 
several cities and school districts of this State shall pur- 
chase a United States flag, flagstaff and the necessary 
appliances therefor, and shall display such flag upon or 
near the public school building during school hours, 
and at such other times as the school authorities may 
direct. The necessary funds to defray the expense in- 
curred by this act shall be assessed and collected in the 
same manner as moneys for public school purposes are 
now raised by law. 

Fire Drills. 

Each principal having more than ioo pupils is re- 
quired to instruct them in fire drills, as often as at least 
once each month. For .a failure to comply with this, he 
is liable to a fine not exceeding $50. 

The board of education must have a copy of the act 
as a manual for the guidance of teachers. 

Religious Exercises in Schools. 

Religious exercises of any kind cannot be conducted 
in any public school if any patron of the school objects. 
No pupil can be compelled to remain in school during 
such exercises. 



CIVICS AND SCHOOL LAW. 61 

Arbor Day Law. 

When — The Friday following the first day of May shall 
be known in this State as Arbor Day. 

Object. — Exercises shall be given in each school to 
encourage the planting, protection and preservation of 
trees and shrubs, and an acquaintance with the best 
methods to be adopted to accomplish such results. 

Duties of State superintendent — The superintendent shall 
prescribe from time to time a course of exercise and in- 
struction in the subjects before mentioned. The school 
commissioner shall provide each school with copies of 
the Arbor Day course issued by the State superintend- 
ent. 

Teachers' Institutes. 

Closing schools and penalties — All schools in school dis- 
tricts within any school commissioner district wherein 
an institute is held must be closed during the time of 
such institute. All teachers under contract in the said 
district must attend the institute, but without deduction 
of salary. Wilful failure to attend the institute on 
the part of the teacher shall be sufficient cause for the 
revocation of the teacher's certificate. Wilful failure 
on the part of trustees to close school while an institute 
is held in their commissioner district is sufficient cause 
for withholding the public money from their school dis- 
trict. The trustees are responsible for the money thus 
withheld. Cities and villages employing a school su- 
perintendent are exempt from this act. 

Who shall attend. — Members of training classes, all 
teachers engaged in teaching, and all persons under con- 
tract to teach in the commissioner's district in which 
an institute is held. A teacher under contract who at- 



62 CIVICS AND SCHOOL LAW. 

tends an institute held in the commissioner's district in 
which he has said contract to teach is entitled to pay, 
the same as though engaged in teaching at the time. 

Attendance for week. — The attendance of a school closed 
during institute week is allowed to be the aggregate at- 
tendance during the week previous to such institute. 
In the apportionment of public money such attendance 
is included in the aggregated attendance of the district. 

Summer Institutes. 

Three summer institutes may be maintained for three 
weeks for the purpose of training and instructing teach- 
ers for the public schools of the State. The State super- 
intendent appoints these, employs the instructors, and 
establishes regulations for the government. These 
teachers' institutes are free to all teachers of the State. 
The sum of $6,000 is annually appropriated out of the 
free school fund for the support of these institutes. 



Chapter XV. 

COMPULSORY EDUCATION LAW ETC. 

J 

Definitions. — The term school authorities means the 
trustees or board of education or corresponding officers 
of a city or district. The term persons in parental rela- 
tions to a child includes those who have care, custody 
or control of such child. 

Required attendance upon instruction — Every child between 
14 and 16 years of age, not regularly engaged in some 
useful employment, and every child between 8 and 12 
shall attend upon instruction annually, during the period 
between October 1st and the following June as the pub- 
lic school of the district shall be in session. Every child 
between 12 and 14, in proper physical and mental condi- 
tion to attend school shall attend at least 80 secular and 
consecutive days, except for holidays, vacations, and 
detentions by sickness, and shall attend the remaining 
part of the year, unless lawfully employed. 

Character of Instruction.— If any child shall attend upon 
instruction elsewhere than at the public school, 
the instruction shall be substantially equivalent to that 
given in the public school and shall be given under the 
same conditions as to attendance. Instruction shall be 
by a competent teacher, given at least in reading, spelling, 
writing, arithmetic, English grammar, and geography. 

Excuses. — Every child subject to this law may be re- 
quired to furnish satisfactory excuses for absence or 
tardiness. 

Duties of persons in parental relation to children. — The law 
requires every parent, guardian, or person in parental 
relation to a child or children between the ages of 8 and 



64 CIVICS AND SCHOOL LAW. 

1 6 to attend upon instruction according to law, if such 
child or children are in proper physical or mental condi- 
tion to attend school, or present to the proper school 
authorities of the city or district that he is unable to 
compel such child to .attend. A violation of this is a mis- 
demeanor, punishable for the first offence by a fine not 
exceeding $5, and for such subsequent offence by a fine 
not exceeding $50, or by imprisonment not exceeding 
30 days or both. 

Unlawful employment of children. — If any person, firm or 
corporation employ a child between 12 and 14 years of 
age during the school year, the child must present to 
his employer a certificate from the superintendent of 
schools or from such other officer as the school authori- 
ties may designate, that said child has attended school 
for the time required by law. It shall be unlawful to 
employ any child between 8 and 12 years of age, con- 
trary to the above. Penalty for each offence is $50, 
which must be paid to treasurer of city or village or to 
supervisor of town and added to the public moneys of 
city, village, or district in which the offence occurred. 

Teachers' Record of attendance.— An accurate record of the 
attendance of all children between eight and sixteen years 
of age shall be kept by the teacher of every school, show- 
ing each day by the year, month, day of the month and 
day of the week, such attendance, and the number of 
hours in each day thereof ; and each teacher upon whose 
instruction any such child shall attend elsewhere than at a 
school, shall keep a like record of such attendance. Such 
records shall, at all times, be open to the attendance of- 
ficers or other persons duly authorized by the school 
authorities of the city or district, who may inspect or 
copy the same; and every such teacher shall fully an- 
swer all inquiries lawfully made by such authorities, in- 



CIVICS AND SCHOOL LAW. 65 

spectors or other persons, and a wilful neglect or refusal 
so to answer any such inquiries shall be a misdemean- 
or 

Attendance officer.— The school authorities of each city, 
union free school district, or common school district 
whose limits include in whole or in part an incorporated 
village, shall appoint and may remove at pleasure one or 
more attendance officers of such city or district, and shall 
fix their compensation and may prescribe their duties 
not inconsistent with this act, and may make rules and 
regulations for the performance thereof; and the super- 
intendent of schools of such city or school district shall 
supervise the enforcement of this act within such city or 
school district ; and the town board of each town shall 
appoint one or more attendance officers whose jurisdic- 
tion shall extend, over all school districts in said town, 
not by this section otherwise provided for, and shall 
fix their compensation which shall be a town charge ; and 
such attendance officers appointed by said board shall be 
removable at the pleasure of the school commissioner in 
whose commissioner's district such town is situated. 

Arrest of truants. — The attendance officer may arrest 
without warrant any child between eight and sixteen 
years of age, found away from his home, and who then is 
a truant from instruction, upon which he is lawfully re- 
quired to attend within the city or district of such at- 
tendance officer. He shall forthwith deliver a child so 
arrested either to the custody of a person in parental re- 
lation to the child, or of a teacher from whom such 
child is then a truant, or, in case of habitual and incor- 
rigible truants, shall bring them before a police magistrate 
for commitment by him to a truant school as provided 
for in the next section. The attendance officer shall 
promptly report such arrest and the disposition made by 
him of such child, to the school authorities of the said 



66 CIVICS AND SCHOOL LAW. 

city, village or district where such child is lawfully requir- 
ed to attend upon instruction or to such person as they 
may direct. 

Truant schools.— The school authorities of any city or 
school district may establish schools or set apart separate 
rooms for children who are habitual truants, or who are 
insubordinate while in attendance, or who are irregular 
in their attendance ; and they may provide for the con- 
finement, maintenance, and instruction of such children 
in such schools, or they may make a contract with any 
other city or school district having a truant school, for 
the confinement, maintenance, and instruction of their 
truant children. 

Commitment. — With the written consent of the persons 
in parental relation to a child, such child may be confined 
and maintained in a truant school ; or in a private school, 
an orphan's home or similar institution controlled by per- 
sons of the same religious faith as the person in parental 
relation to the child, for a period not exceeding the re- 
mainder of the school year. If the persons in parental 
relation to such child shall not consent, such conduct of 
the child shall be deemed disorderly conduct, and the 
child may be proceeded against as a disorderly person, 
and, upon conviction, must be sentenced to be confined 
and maintained for the remainder of the current school 
year either in a truant school or in a private school, and 
orphans' home, or similar institution. Truant schools 
shall not have committed to them persons convicted of 
other crimes than truancy. 

Expenses of commitment. — The expense of commitment 
and the cost of maintenance of truant schools shall be a 
charge upon the city or the village employing a superin- 
tendent. In all other cases, the expense is a town charge. 

Training in truant schools.— Industrial training must be 
furnished in everv truant school. 



CIVICS AND SCHOOL LAW 07 

Withholding public money.— Any city or district that wil- 
fully omits or refuses to enforce the provisions of this 
act, after due notice, may have withheld from it one-half 
its public money ; but when the provisions have been 
complied with, all moneys so withheld shall be paid over 
to the superintendent of such city or district. 

School Districts Under Contract. 

Whenever any school district, by a vote of a majority 
of the qualified voters present and voting thereon, shall 
empower the trustees thereof, the said trustees shall en- 
ter into a written contract with the trustees or boards of 
education consenting- thereto, or any other district, vil- 
lage or city, whereby all the children of such district 
may be entitled to be taught in the public schools of 
such city, village or school district for a period of not 
less than one hundred. and sixty days in any school year, 
upon filing a copy of such contract, duly certified by the 
trustees of each of such school districts, or by the secre- 
tary of the board of education of such city or village in 
the office of the State Superintendent of Public Instruc- 
tion. Such school district shall be deemed to have em- 
ployed a competent teacher for such period, and shall be 
entitled to receive one distributive district quota each 
year, during which such contract shall be continued. 

The board of education of any city or village, and the 
trustees of any school district so contracting with any 
other school district, shall report the number of persons 
of school age in such district, together with those resid- 
ent in said city, village or school district, the same as 
though they were actual residents thereof, and shall re- 
port for the pupils attending such schools from such ad- 
joining districts to the Superintendent of Public In- 
struction, the same as though they were residents of such 
city, village or school district. 



68 CIVICS AND SCHOOL LAW. 

Whenever any district shall have contracted with the 
school authorities of any city or village or other school 
district for the education therein of the pupils residing in 
such common school districts, the inhabitants thereof 
entitled to vote are authorized to provide, by tax. or other- 
wise, for the conveyance of the pupils residing therein to 
the schools of such city, village or district with which 
such contract shall have been made, and the trustees 
thereof may contract for such conveyance when so au- 
thorized in accordance with such rules and regulations 
as they may establish. 

State Scholarships in Cornell University. 

Number — A State scholarship in Cornell University is 
annually awarded for each assembly district in the State. 

How awarded — On the first Saturday in June of each 
year, the school commissioner conducts a competitive 
examination at the county seat to determine who from 
the county are entitled to appointment. These examina- 
tions are under the supervision of the State superintend- 
ent, who announces the successful competitors. 

Eligibility — Candidates must be at least 16 years of 
age, must be residents of the State, must take examina- 
tion in the county in which they reside, and must have 
been in attendance in some public school or academy 
of the State for at least six months during the year im- 
mediately preceding the examination. 



Chapter XVI. 

HISTORY OF OUR GOVERNMENT. 

Previous to the declaration of independence, our 
country had three forms of government. 

The provincial or royal government was one in which there 
were a governor and a council appointed by the crown 
and a legislature elected by the people. Examples : 
New York, Virginia after 1620, and the Carolinas. 

The proprietary government was one which was govern- 
ed by a person owning grants of land made by the 
king. Examples : Maryland, Pennsylvania and Dela- 
ware. 

The charter government was one whose powers were 
given in a charter granted by the king. Examples : Vir- 
ginia up to 1620, Rhode Island and Connecticut. 

The second continental congress assembled in May 10, 
1775. This congress was the governing power of the 
new nation until March 1, 1781, when the Articles of 
Confederation went into effect. 

The Articles of Confederation were not designated to make 
a national government, but a league of friendship be- 
tween the states. They provided for but one national 
legislative house. Each state had but one vote in it. 

Reasons for their failure : 

1. It had no executive or judiciary. 

2. It could not collect taxes; this w T as delegated to the 
states. 

3. It could not enforce treaties. 

4. It could not regulate commerce. 



70 CIVICS AND SCHOOL LAW. 

5. It could not protect a state from invasion. 

6. The states could nullify any of its acts. 

7. It could not pay its. debts. 

In Sept. 11, 1786, representatives from five states met 
at Annapolis to consider the subject of trade. These 
recommended that a general convention should be called 
to revise the Articles of Confederation. Such a con- 
vention was called in May, 1787; it is known as the 
Federal Convention. It framed our present National 
Constitution. The first election was held under it on 
the first Wednesday in January, 1789. George Washing- 
ton w T as elected the first president and was inaugurated at 
New York, Apr. 30, 1789. 



Chapter XVII. 

UNITED STATES CONSTITUTION. 

Preamble.— We, the people of the United States, in or- 
der to form a more perfect union, establish justice, in- 
sure domestic tranquility, provide for the common de- 
fense, promote the general welfare, and secure the bless- 
ings of liberty to ourselves and our posterity, do ordain 
and establish this constitution for the United States of 
America. 

ARTICLE I. 

LEGISLATIVE DEPARTMENT. 

Section i. — Division. 

I. All legislative powers herein granted shall be vest- 
ed in a congress of the United States, which shall consist 
of a Senate and House of Representatives. 

Section 2. — House of Representatives. 

1. The house of representatives shall be composed of 
members chosen every second year by the people of the 
several States : and the electors in each State shall have 
the qualifications requisite for electors of the most numer- 
ous branch of the State legislature. 

2. Xo person shall be a representative who shall not 
have attained to the age of twenty-five years, and been 
seven years a citizen of the United States, and who shall 
not, when elected, be an inhabitant of that State in which 
lie shall be chosen. 



72 . CIVICS AND SCHOOL LAW. 

3. Representatives and direct taxes shall be apportion- 
ed among the several States which may be included with- 
in this Union, according to their respective numbers, 
which shall be determined by adding to the whole num- 
ber of free persons, including those bound to service for 
a term of years, and excluding Indians not taxed, three 
fifths of all other persons. The actual enumeration shall 
be made within three years after the first meeting of the 
Congress of the United States, and within every subse- 
quent term of ten years, in such manner as they shall by 
law direct. The number of Representatives shall not 
exceed one for every thirty thousand, but each State shall 
have at least one Representative. 

[Point out a compromise in this clause. When was 
the last enumeration? What is the basis of representa- 
tion in the last Congress ?] 

4. When vacancies happen in the representation from 
any State, the executive authority thereof shall issue 
w r rits of election to fill such vacancies. 

5. The House of Representatives shall choose their 
Speaker and other officers, and shall have the sole power 
of impeachment. 

Section 3. — Senate. 

1. The Senate of the United States shall be composed 
of two Senators from each State, chosen by the Legisla- 
ture thereof, for six years ; and each Senator shall have 
one vote. 

2. Immediately after they shall be assembled in con- 
sequence of the first election, they shall be divided, as 
equally as may be, into three classes. The seats of the 
Senators of the first class shall be vacated at the. expira- 
tion of the second year ; of the second class at the ex- 
piration of the fourth year ; and of the third class at the 
expiration of the sixth year; so that one-third may be 



CIVICS AND SCHOOL LAW. 73 

chosen every second year; and if vacancies happen, by 
resignation or otherwise, during the recess of the Legis- 
lature of any State, the Executive thereof may make tem- 
porary appointments, until the next meeting of the Legis- 
lature, which shall then fill such vacancies. 

3. Xo person shall be a senator who shall not have 
attained the age of thirty years, and been nine years a 
citizen of the United States, and who shall not, when 
elected, be an inhabitant of that State for which he shall 
be chosen. 

4. The vice-president of the United States shall be 
president of the senate, but shall have no vote unless they 
be equally divided. 

5. The Senate shall choose their other officers, and 
also a president pro tempore in the absence of the vice- 
president or when he shall exercise the office of president 
of the United States. 

6. The Senate shall have sole power to try all im- 
peachments. When sitting for that purpose, they shall 
be on oath or affirmation. When the president of the 
United States is tried, the chief justice shall preside ; and 
no person shall be convicted without the concurrence of 
two-thirds of the members present. 

7. Judgment in cases of impeachment shall not extend 
further than to removal from office, and disqualification 
to hold and enjoy any office of honor, trust or profit un- 
der the Linked States ; but the party convicted shall, 
nevertheless, be liable and subject to indictment, trial,, 
judgment and punishment, according to law. 

[Point out a compromise in sec. 3, Art. I.] 

Section 4. — Election and Meetings of Congress. 

1. The times, places and manner of holding elections- 
for Senators and Representatives shall be prescribed in 



74 CIVICS AND SCHOOL LAW. 

each State by the legislature thereof; but the Congress 
may at any time by law make or alter such regulations, 
except as to the places of choosing senators. 

2. The Congress shall assemble at least once in every 
year; and such meeting shall be on the first Monday 
in December, unless they shall, by law, appoint a dif- 
ferent day. 

Section 5. — Powers and Duties of the Houses. 

i. Each house shall be the judge of the elections, 
returns, and qualifications of its own members ; and a 
majority of each shall constitute a quorum to do business ; 
t>ut a smaller number may adjourn from day to day, and 
may be authorized to compel the attendance of absent 
members, in such manner, and under such penalties, as 
each House may provide. 

2. Each house may determine the rules of its proceed- 
ings, punish its members for disorderly behavior, and, 
-with the concurrence of two-thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, 
and from time to time publish the same, excepting such 
parts as may, in their judgment, require secrecy; and 
the yeas and nays of the members of either house, on 
any question, shall, at the desire of one-fifth of those 
present, be entered on the journal. 

4. Neither house, during the session of Congress, 
shall, without the consent of the other, adjourn for more 
than three days, nor to any other place than that in which 
the two houses shall be sitting. 

Section 6. — Privileges of and Prohibitions upon Members. 

i. Senators and Representatives shall receive a com- 
pensation for their services, to be ascertained by law, and 
paid out of the treasury of the United States. They 



CIVICS AND school LAW. 75 

shall, in all cases except treason, felony, and breach of 
the peace, be privileged from arrest during" their at- 
tendance at the session of their respective houses, and in 
going to and returning from the same ; and for any speech 
or debate in either house, they shall not be questioned 
in any other place. 

2. Xo Senator or Representative shall, during the time 
for which he was elected, be appointed to any civil office 
under the authority of the United States, which shall 
have been created, or the emoluments whereof shall have 
been increased, during such time ; and no person hold- 
ing any office under the United States shall be a member 
of either house during his continuance in office. 

Section 7. — Revenue Bills. 

1. All bills for raising revenue shall originate in the 
House of Representatives ; but the Senate may propose 
or concur with the amendments as on other bills. 

2. Every bill which shall have passed the house of 
representatives and the Senate shall, before it become a 
law, be presented to the president of the United States ; 
if he approve he shall sign it ; but if not, he shall return 
it, with his objections, to that house in which it shall have 
originated : who shall enter the objections at large on 
their journal, and proceed to reconsider it. If, after 
such reconsideration, two-thirds of that house shall agree 
to pass the bill, it shall be sent, together with the ob- 
jections, to the other house, by which it shall likewise 
be reconsidered ; and, if approved by two-thirds of that 
house, it shall become a law. But in all such cases, the 
votes of both houses shall be determined by yeas and 
nays, and the names of the persons voting for and against 
the bill shall be entered on the journal of each house 
respectively. If any bill shall not be returned by the 



76 CIVICS AND SCHOOL LAW. 

president within ten days (Sundays excepted) after it 
shall have been presented to him, the same shall be a 
law in like manner as if he had signed it, unless the con- 
gress, by their adjournment, prevent its return, in which 
case it shall not be a law. 

3. Every order, resolution or vote, to which the con- 
currence of the Senate and House of Representatives 
may be necessary (except on a question of adjournment), 
shall be presented to the president of the United States : 
and, before the same shall take effect, shall be approved 
by him ; or, being disapproved by him, shall be repassed 
by two-thirds of the Senate and House of Representa- 
tives, according to the rules and limitations prescribed in 
the case of a bill. 

Section 8. — Legislative Powers of Congress. 

The Congress shall have power : 

1. To lay and collect taxes, duties, imposts, and ex- 
cises to pay the debts and provide for the common de- 
fence and general welfare of the United States ; but all 
duties, imposts, and excises shall be uniform throughout 
the United States : 

2. To borrow money on the credit of the United Sta- 
tes : 

3. To regulate commerce with foreign nations, and 
among the several States, and with the Indian tribes : 

4. To establish a uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies throughout 
the United States : 

5. To coin money ; to regulate the value thereof, and 
of foreign coin ; and fix the standard of weights and 
measures. 

6. To provide for the punishment of counterfeiting 
the securities and current coin of the United States : 



CIVICS AND SCHOOL LAW. 77 

7. To establish post-offices and post-roads : 

8. To promote the progress of science and useful arts, 
by securing for limited times, to authors and inventors, 
the exclusive right to their respective writings and dis- 
coveries : 

9. To constitute tribunals inferior to the Supreme 
Court : 

10. To define and punish piracies and felonies commit- 
ted on the high seas, and offences against the law of 
nations : 

11. To declare war- grant letters of marque and re- 
prisal : and make rules concerning captures on land and 
water : 

12. To raise and support armies; but no appropria- 
tion of money to that use shall be for a longer term than 
two years : 

13. To provide and maintain a navy: 

14. To make rules for the government and regulation 
of the land and naval forces : 

15. To provide for calling forth the militia to execute 
the laws of the Union, suppress insurrections, and repel 
invasions : 

16. To provide for organizing, arming and disciplin- 
ing the militia, and for governing such part of them as 
may be employed in the service of the United States ; re- 
serving to the States respectively the appointment of the 
officers and the authority of training the militia accord- 
ing to the discipline prescribed by Congress. 

17. To exercise exclusive legislation in all cases what- 
soever, over such district (not exceeding ten miles square) 
as may by cession of particular States, and the accept- 
ance of Congress, become the seat of government of the 
United States : and to exercise like authority over all 
places purchased, by the consent of the legislature of the 
State in which the same shall be, for the erection of 



78 CIVICS AND SCHOOL LAW. 

forts, magazines, arsenals, dockyards, and other needful 
buildings ; and 

1 8. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, 
and all other powers vested by this constitution in the 
government of the United States, or in any department 
or officer thereof. 

Section 9. — Prohibitions upon the United States. 

i. The migration or importation of such persons as 
any of the States .now existing shall think proper to 
admit, shall not be prohibited by the congress prior to 
the year one thousand eight hundred and eight ; but a 
tax or duty may be imposed on such importation not 
exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall not 
be suspended, unless when, in cases of rebellion or inva- 
sion, the public safety may require it. 

3. No bill of attainder or ex post facto law shall be 
passed. 

4. No capitation or other direct tax shall be laid, un- 
less in proportion to the census or enumeration herein- 
before directed to be taken. 

5. No tax or duty shall be laid on articles exported 
from any State. No preference shall be given, by any 
regulation of commerce or revenue, to the ports of one 
State over those of another ; nor shall vessels bound 
to or from one State be obliged to enter, clear, or pay 
duties in another. 

6. No monev shall be drawn from the treasury, but in 
consequence of appropriations made by law ; and a regu- 
lar statement and account of the receipts and expendi- 
tures of all public money shall be published from time to 
time. 



CIVICS AND SCHOOL LAW. 79 

7. Xo title of nobility shall be granted by the United 
States; and no person holding any office of profit or 
trust under them shall, without the consent of the Con- 
gress, accept of any present, emolument, office, or title 
of any kind whatever, from any king, prince, or foreign 
State. 

Section 10. — Prohibitions upon the States. 

1. Xo State shall enter into any treaty, alliance, or 
confederation ; grant letters of marque and reprisal ; coin 
money ; emit bills of credit ; make anything but gold and 
silver coin a tender in payment of debts ; pass any bill 
of attainder, ex post facto law, or law impairing the ob- 
ligation of contracts ; or grant any title of nobility. 

2. Xo State shall, without the consent of the Con- 
gress, lay any imposts or duties on imports or exports, 
except what may be absolutely necessary for executing 
its inspection laws ; and the net produce of all duties and 
imposts laid by any State on imports or exports, shall be 
for the use of the treasury of the United States ; and all 
such laws shall be subject to the revision and control of 
the Congress. X^o State shall, without the consent of 
Congress, lay any duty of tonnage, keep troops or ships 
of war in time of peace, enter into any agreement or 
compact with another State, or with a foreign power, 
or engage in war unless actually invaded, or in such im- 
minent danger as will not admit of delav. 



1 ts v 



ARTICLE II. 

EXECUTIVE DEPARTMENT: PRESIDENT AND VICE- 
PRESIDENT. 

Section 1. — Terms; Election; Salary. 

I. The executive power shall be vested in a president 
of the United States of America. He shall hold his office 



£0 CIVICS AND SCHOOL LAW. 

during the term of four years ; and, together with the 
vice-president chosen for the same term, be elected as 
follows : 

2. Each State shall appoint, in such manner as the 
legislature thereof may direct, a number of electors equal 
to the whole number of Senators and Representatives to 
which the State may be entitled in the Congress ; but no 
Senator or Representative, or person holding an office of 
trust or profit under the United States, shall be appoint- 
ed an elector. 

3. [This clause has been superseded by Art. XII. of 
the amendments, hence is omitted.] 

4. The Congress may determine the time of choosing 
the electors, and the day on which they shall give their 
votes, which day shall be the same throughout the United 
States. 

5. Xo person except a natural born citizen, or a citi- 
zen of the United States at the time of the adoption of 
this Constitution, shall be eligible to the office of presi- 
dent ; neither shall any person be eligible to that office 
who shall not have attained to the age of thirty-five years, 
and been fourteen years a resident within the United 
States. 

6. In case of the removal of the president from office, 
or of his death, resignation, or inability to discharge the 
powers and duties of the said office, the same shall de- 
volve on the vice president, and the Congress may by 
law, provide for the case of removal, death, resignation, 
or inability, both of the president and vice president, 
declaring what officer shall then act as president ; and 
such officer shall act accordingly, until the disability be 
removed, or a president be elected. 

7. The president shall, at stated times, receive for his 
services a compensation, which shall neither be increased 



CIVICS AND SCHOOL LAW. 81 

nor diminished during the period for which he shall have 
been elected ; and he shall not receive, within that period, 
any other emolument from the United States, or any of 
them. 

8. Before he enter on the execution of his office, he 
shall take the following oath or affirmation: 

"I do solemnly swear (or affirm) that I will faithfully 
execute the office of president of the United States ; and 
will, to the best of my ability, preserve, protect, and de- 
fend the Constitution of the United States." 

Section 2. — President's Executive Powers. 

1. The president shall be commander-in-chief of the 
army and navy of the United States, and of the militia of 
the several States when called into the actual service of 
the United States ; he may require the opinion, in writ- 
ing, of the principal officer in each of the executive de- 
partments, upon any subject relating to the duties of 
their respective offices ; and he shall have power to grant 
reprieves and pardons for offences against the United 
States, except in cases of impeachment. 

2. He shall have power, by and with the advice and 
consent of the Senate, to make treaties, provided two- 
thirds of the Senators present concur ; and he shall nomi- 
nate, and by and with the advice and consent of the Sen- 
ate shall appoint, ambassadors, other public ministers and 
counsels, judges of the supreme court, and all other of- 
fiers of the United States whose appointments are not 
herein otherwise provided for. and which shall be estab- 
lished by law. But the Congress may, by law, vest the 
appointment of such inferior officers as they think prop- 
er, in the president alone, in the courts of law, or in the 
heads of departments. 



82 CIVICS AND SCHOOL LAW. 

3. The president shall have power to fill up all va- 
cancies that may happen during the recess of the Senate, 
by granting commissions which shall expire at the end of 
their next session. 

Section 3. — President's Executive Powers. 

i. He shall, from time to time, gwe to the Congress 
information of the state of the Union, and recommend to 
their consideration such measures as he shall judge: neces- 
sary and expedient. He may on extraordinary occas- 
sions, convene both houses, or either of them ; and in 
case of disagreement between them, with respect to L he 
time of adjournment, he may adjourn them to such time 
as lie shall think proper. He shall receive ambassadors 
and other public ministers. He shall take care that the 
laws be faithfully executed ; and shall commission all 
the officers of the United States. 

Section 4. — Impeachment. 

i. The president, vice-president and all civil officers 
of the United States, shall be removed from office on 
impeachment for, and conviction of treason, bribery or 
other high crimes and misdemeanors. 

ARTICLE III. 
JUDICIAL DEPARTMENT. 

Section 1. — Courts. 

i. The judicial power of the United States shall be 
vested in one Supreme Court, and in such inferior courts 
as the Congress may, from time to time, ordain and es- 
tablish. The judges, both of the supreme and inferior 
courts, shall hold their offices during good behavior ; and 



CIVICS AND SCHOOL LA\V 83 

shall, at stated times, receive for their services a compen- 
sation, which shall not be diminished during their con- 
tinuance in office. 

Section 2. — Jurisdiction. 

1. The judicial powers shall extend to all cases in law 
and equity arising under this constitution, the laws of 
the United States, and treaties made, or which shall be 
made, under their authority ; to all cases affecting am- 
bassadors, other public ministers, and consuls;, to all 
cases of admiralty and maritime jurisdiction; to contro- 
versies to which the United States shall be a party, to 
controversies between two or more States ; between a 
State and citizens of another State ; between citizens of 
different States ; between citizens of the same State claim- 
ing lands under grants of different States ; and between 
a State, or the citizens thereof, and foreign States, citi- 
zens, or subjects. 

2. In all cases affecting ambassadors, other public min- 
isters and consuls, and those in which a State shall be a 
party, the Supreme Court shall have original jurisdic- 
tion. In all the other cases before mentioned, the Su- 
preme Court shall have appellate jurisdiction, both as 
to law and fact, with such exceptions, and under such 
regulations, as the Congress shall make. 

3. The trial of all crimes, except in cases of impeach- 
ment, shall be by jury ; and such trial shall be held in the 
State where the said crimes shall have been committed ; 
but when not committed within any State, the trial shall 
be at such place or places as the Congress may by law 
have directed. 

Section 3. — Treason. 

1. Treason against the United States shall consist only 
in levying war against them, or in adhering to their 



84 CIVICS AND SCHOOL LAW. 

enemies, giving them aid and comfort. No person shall 
be convicted of treason, unless on the testimony of two 
witnesses to the same overt act, or on confession in open 
court. 

2. The Congress shall have power to declare the 
punishment of treason ; but no attainder of treason shall 
work corruption of blood, or forfeiture, except during the 
life of the peson attained. 

ARTICLE IV. 
RELATIONS OF STATES. 

Section i. — Public Records. 

I. Full faith and credit shall be given, in each State, 
to the public acts, records ,and judicial proceedings of 
every other State ; and the Congress may, by general 
laws, prescribe the manner in which such acts, records 
and proceedings shall be proved, and the effect thereof. 

Section 2. — Rights in one State of Citizens in Another. 

1. The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several 
States. 

2. A person charged in any State with treason, felony 
or other crime, who shall flee from justice, and be found 
in another State, shall, on demand of the executive au- 
thority of the State from which he fled, be delivered up, 
to be removed to the State having jurisdiction of the 
crime. 

3. No person held to service or labor in one State 
under the laws thereof, escaping into another, shall, in 



CIVICS AND SCHOOL LAW. 86 

consequence of any law or regulation therein, be dis- 
charged from such service or labor ; but shall be deliv- 
ered up on claim of the party to whom such service or 
labor may be due. 

Section 3. — New States and Territories. 

1. Xew States may be admitted by the Congress into 
this Union ; but no new State shall be formed or erect- 
ed within the jurisdiction of any other state, nor any 
State be formed by junction of two or more States or 
parts of State:, without the consent of the legislatures 
of the States concerned, as well as of the Congress. 

Section 4. — Guarantee to the States. 

1. The united States shall guarantee to every State 
in this Union a republican form of government ; and 
shall protect each of them against invasion, and on ap- 
plication of the Legislature, or of the Executive (when 
the Legislature cannot be convened) against domestic 
violence. 

ARTICLE V. 

Amendment. 

The Congress whenever two-thirds of both houses 
shall deem it necessary, shall propose amendments to 
this constitution, or, on the application of the Legis- 
latures of two-thirds of the several States, shall call a 
convention for proposing amendments ; which, in either 
case, shall be valid to all intents and purposes, as part 
of this constitution, when ratified by the legislatures of 
three-fourths of the several States, or by conventions in 
three-fourths thereof, as the one or the other mode of 
ratification may be proposed by the Congress : provided 
that no amendment which may be made prior to the 



86 CIVICS AND SCHOOL LAW. 

year one thousand eight hundred and eight shall in 
any manner affect the first and fourth clauses in the 
ninth section of the first article ; and that no State with- 
out its consent, shall be deprived of its equal suffrage 
in the Senate. 

ARTICLE VI. 

Public Debts, Supremacy of National Law, Oath, Religious Test. 

i. All debts contracted, and engagements entered in- 
to, before the adoption of this Constitution shall be as 
valid against the United States under this Constitution 
as under the Confederation. 

2. This Constitution, and the laws of the United 
States which shall be made in pursuance thereof, and 
all treaties made, or which shall be made, under the au- 
thority of the United States, shall be the supreme law 
of the land ; and the judges in every State shall be bound 
thereby, any thing in the constitution or laws of any 
State to the contrary notwithstanding. 

3. The Senators and Representatives before mention- 
ed, and the members of the several State legislatures, 
and all executive and judicial officers, both of the United 
States and of the several States, shall be bound by oath 
or affirmation to support this constitution ; but no relig- 
ious test shall ever be required as a qualification to any 
office or public trust under the United States. 

ARTICLE VII. 
Ratification. 

1. The ratification of the conventions of nine States 
shall be sufficient for the establishing of this constitu- 
tion between the States so ratifying the same. 

[Alexander Hamilton was the signer from New York 
State.] 



I IVICS AM) SCHOOL LAW. 83 

AMEMDMENTS. 

[The first 10 amendments adopted 1791-.] 
ARTICLE I. 

Freedom of Religion, of Speech, and of the Press. 

Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise there- 
or abridging the freedom of speech or of the press : 
or the right of the people peaceably to assemble, and 
to petition the government for a redress of grievances. 

ARTICLE II. 

Right to Bear Arms. 

A well-regulated mililtia being necessary to the se- 
curity of a free State, the right of the people to keep 
and bear arms shall not be infringed. 

ARTICLE III. 

Quartering Soldiers on Citizens. 

Xo soldier shall, in time of peace, be quartered in 
any house without the consent of the owner : nor in a 
time of war. but in a manner to be prescribed by law. 

ARTICLE IV. 

Search Warrants. 

The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable 
searches and seizures, shall not be violated : and no 



88 CIVICS AND SCHOOL LAW. 

warrant shall issue but upon probable cause, supported 
by oath or affirmation, and particularly describing the 
place to be searched, and the persons or things to be 
seized. 

ARTICLE V. 

Trial for Crimes. 

No person shall be held to answer for a capital or 
otherwise infamous crime, unless on a presentment or 
indictment of a grand jury, except in cases arising in 
the land or naval forces, or in the militia, when in actu- 
al service in time of war or public danger ; nor shall 
any person be subject for the same ofifense to be twice 
put in jeopardy of life or limb ; nor shall be compelled, 
in any criminal case, to be a witness against himself, 
nor be deprived of life, liberty or property, without due 
process of law; nor shall private property be taken for 
public use without just compensation. 

ARTICLE VI. 
Rights of Accused Persons. 

In all criminal prosecutions, the accused shall enjoy 
the right to a speedy and public trial, by an impartial 
jury of the State and district wherein the crime shall 
have been committed, which district shall have been 
previously ascertained by law ; and to be informed of 
the nature and cause of the accusation ; to be confront- 
ed with the witnesses against him ; to have compulsory 
process for obtaining witnesses in his favor, and to have 
the assistance of counsel for his defense. 



CIVICS AND SCHOOL LAW. 89 

ARTICLE VII. 

Suits at Common Law. 

In suits at common law, where the value in contro- 
versy shall exceed twenty dollars, the right of trial by 
jury shall be preserved; and no fact tried by a jury shall 
be otherwise re-examined in any court of the United 
States, than according to the rules of the common law. 

ARTICLE VIII. 
Excessive Bail. 

Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments in- 
flicted. 

ARTICLE IX. 

Rights not Named. 

The enumeration in the constitution of certain rights 
shall not be construed to deny or disparage others re- 
tained by the people. 

ARTICLE X. 
Powers Reserved to States. 

The powers not delegated to the United States, by 
the constitution, nor prohibited by it to the States, are 
reserved to the States respectively, or to the people. 



90 CIVICS AND SCHOOL LAW. 

ARTICLE XL 
[Adopted 1798] 

Suits Against States. 

The judicial power of the United States shall not be 
construed to extend to any suit in law or equity, com- 
menced or prosecuted against one of the Lnited States 
by citizens of another State, or by citizens or subjects 
of any foreign State. 

ARTICLE XII. 

[Adopted 1804.] 

Election of President and Vice-President. 

I. The electors shall meet in their respective States 
and vote by ballot for president and vice-president, 
one of whom at least shall not be an inhabitant of the 
same State with themselves : they shall name in their 
ballots the person voted for as president, and in distinct 
ballots the person voted for as vice-president, and they 
shall make distinct list of all persons voted for as pres- 
ident, and of all persons voted for as vice-president, 
and of the number of votes for each, which lists they 
shall sign and certify, and transmit, sealed, to the seat 
of the government of the United States, directed to the 
president of the Senate ; — the president of the Senate 
shall, in the presence of the Senate and House of Repre- 
sentatives, open all the certificates, and the votes shall 
then be counted ; — the person having the greatest num- 
ber of votes for president shall be president, if such 
number be a majority of the whole number of electors 
appointed ; and if no person have such majority then 
from the persons having the highest numbers, not ex- 



CIVICS AND SCHOOL LAW. 91 

ceeding three, on the list of those voted for as president, 
the House of Representatives shall choose immediately, 
by ballot, the president. But in choosing the president, 
the vote shall be taken by States, the representation 
from each State having one vote ; a quorum for this pur- 
pose shall consist of a member or members from two- 
thirds of the States, and a majority of all the States shall 
be necessary to a choice. And if the House of Repre- 
sentatives shall not choose a president, whenever the 
right of choice shall devolve upon them, before the 
fourth day of March next following, then the vice-presi- 
dent shall act as president as in the case of the death 
or other constitutional disability of the president. 

2. The person having the greatest number of votes 
as vice-president shall be the vice-president, if such num- 
ber be a majority of the whole number of electors ap- 
pointed, and if no person have a majority, then from the 
two highest numbers on the list the Senate shall choose 
the vice-president. A quorum for the purpose shall 
consist of two-thirds of the whole number of Senators, 
and a majority of the whole number shall be necessary 
to a choice. 

3. But no person constitutionally ineligible to the- 
office of president shall be eligible to that of vice-pres- 
ident of the United States. 

ARTICLE XIII. 

[Adopted 1865.] 

SLAVERY. 

Abolition of Slavery. 
Neither slavery nor involuntary servitude, except as 
a punishment for crime, whereof the party shall have 
been duly convicted, shall exist within the United States, 
or any place subject to their jurisdiction. 



92 CIVICS AND SCHOOL LAW. 

ARTICLE XIV. 

[Adopted 1868.] 

CIVIL RIGHTS, APPORTIONMEMT OF REPRESENTATIVES, 
POLITICAL DISABILITIES, PUBLIC DEBT. 

Section 1. 

All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of 
the United States and of the State wherein they reside. 
No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the 
United States ; nor shall any State deprive any person 
of life, liberty, or property without due process of law, 
nor deny to any person within its jurisdiction the equal 
protection of the laws. 

Section 2. 

Representatives shall be apportioned among the sev- 
eral State according to their respective numbers, count- 
ing the whole number of persons in each State, exclud- 
ing Indians not taxed. But when the right to vote at 
any election for the choice of electors for president and 
vice-president of the United States, Representatives in 
Congress, the executive and judicial officers of a State, 
or the members of the legislature thereof, is denied to 
any of the male inhabitants of such State, being twenty- 
one years of age, and citizens of the United States, or 
in any way abridged, except for participation in rebel- 
lion or other crimes, the basis of representation therein 
shall be reduced in the proportion which the number of 
such male citizens shall bear to the wdiole number of 
male citizens twenty-one years of age in such State. 



CIVICS AND SCHOOL LAW. 93 

Section 3. 

No person shall be a Senator or Representative in 
Congress, or elector of president and vice-president, or 
hold any office, civil or military, under the United States, 
or under any State, who, having previously taken oath 
as a member of Congress, or as an officer of the United 
States, or as a member of any state legislature, or as 
an executive or judicial officer of any State, to support 
the constitution of the United States, shall have engag- 
ed in insurrection or rebellion against the same, or given 
aid or comfort to the enemies thereof. But Congress 
may, by a vote of two-thirds of each house, remove such 
disability. 

Section 4. 

The validity of the public debt of the United States 
authorized by law, including debts incurred for payment 
of pensions and bounties for services in suppressing in- 
surrection or rebellion, shall not be questioned. But 
neither the United States nor any State shall assume 
or pay any debt or obligation incurred in aid of insur- 
rection or rebellion against the United States, or claim 
for loss or emancipation of any slave ; but all such debts, 
obligations, and claims shall be held illegal and void. 

ARTICLE XV. 

[Adopted 1870.] 
RIGHT OF SUFFRAGE. 

Right of Negro to Vote. 

The right of citizens of the United States to vote shall 
not be denied or abridged by the United States, or by 
any State, on account of race, color, or previous condi- 
tion of servitude. 



94 CIVICS AND SCHOOL LAW. 

Explanations. 

Impeachment. — The House of Representatives makes 
out the articles of impeachment against an officer, and 
the Senate tries him. A two-thirds vote is generally re- 
quired for conviction. The officers subject to impeach- 
ment by Congress are the president, vice-president and 
-all civil officers of the United States. No member of 
Congress nor any navy or military officer can be remov- 
ed in this way. 

Citizens and aliens. — A citizen is a person born in this 
country ; an alien is a person born in a foreign country, 
and a subject of a foreign government. 

Naturalization. — Naturalization is the process by which 
a foreign-born person becomes a citizen. A foreigner 
may become naturalized by appearing before a court, 
declaring his intention to "become a citizen of the Unit- 
ed States, and renouncing all allegiance to foreign gov- 
ernment. After two years more, he must appear in open 
court, renounce upon oath his foreign allegiance, and 
swear to support the United States constitution. If 
this is after he has been in this country five years and 
in a State continuously one year where naturalization 
is sought, he is a citizen of this country. 

Patents. — A patent gives an inventor the exclusive 
right to make, sell and use his invention for ij years. 

Copyright. — A copyright is the sole right that an author 
has to print and sell a book, chart, or map. It is given 
by the government for 28 years, and may be renewed 
for 14 years. 

Habeas Corpus. — Habeas corpus is a writ, issued by a 
judge, which directs an officer to bring the prisoner into 
court to ascertain the legality of the imprisonment. 

Bill of Attainder. — A bill of attainder is an act by a leg- 
islative body, condemning a person to death without a 
regular trial in court. 



CIVICS AND SCHOOL LAW. 96 

Ex post facto law. — An ex post facto law is one that 
makes an act a crime that was not such at the time of 
its committal. 

Vacancy in the office of President — Filled in order by vice- 
president, secretary of state, of the treasury, of war, at- 
torney general, postmaster general, secretary of navy, 
secretaries of the interior, and of agriculture. 

Bill of Rights — The first ten amendments are often 
called the bill of rights. 

Ambassadors are ministers of the highest rank sent to 
represent the interests of a country at the seat of govern- 
ment of some other nation. Ministers are not subject 
to the laws of the country to which they are sent. 

A minister plenipotentiary is one having full power to 
transact some special business in some foreign country. 
Ministers to Berlin, London, Paris and St. Petersburg 
each receive $17,500. 

An ambassador in ordinary is an ambassador, who lives 
at a foreign court, and is intrusted with the ordinary 
work of a minister. 

An ambassador extraordinary is a minister sent to a for- 
eign country on a particular occasion, and returns as 
soon as his business is done. He is sometimes called 
envoy. 

A consul is a person who lives in some foreign city and 
looks after the commercial interests of his home coun- 
trv. 



Chapter XVI. 

Constitution of New York State. 

History — There have been eight constitutional con- 
A^entions, — in 1777, 1788, 1801, 1821, 1846, 1867, 1894. 
The first constitution was written largely by John Jay, 
and remained in operation for 44 years. The constitu- 
tion that was reported by the convention of 1867 was re- 
jected by the people in 1867. The present constitution 
went into operation January 1, 1895. 

CONSTITUTION. 

Preamble — We, the people of the State of New York, 
grateful to Almighty God for our freedom, in order to 
secure its blessings, do establish this constitution. 



A t>^ 



ARTICLE I. 

Individual Rights. 

Sec. 1. Disfranchisement.— No member of this State shall 
be disfranchised, or deprived of any of the rights se- 
curred to any citizen thereof, unless by the judgment 
of his peers. 

Sec. 2. Jury Trial — No person shall be deprived of the 
right of trial by jury in those cases where it now exists. 

Sec. 3. Religious Liberty — Every person shall have the 
right to believe and worship as he pleases. 

Sec. 4. Habeas Corpus — The right of habeas corpus 
shall not be suspended except in case of rebellion or 
invasion. 



CIVICS AND SCHOOL LAW. 97 

Sec. 6. Indictment, Trial, Property taken for public use. — 
(a) Xo person shall be tried for crime without indictment 
by grand jury ; may have counsel to defend him; if once 
acquitted, never to be tried again on the same accusa- 
tion, (b) Xo one shall be deprived of life, liberty, or 
property without a trial, (c) Private property taken for 
public use shall be paid for. 

Sec. 7. Private Property, Private Roads, Drainage of Agri- 
cultural Lands — (a) Compensation for private property 
taken for public use, when such compensation is not to 
be made by the State, shall be ascertained by jury or by 
commissioners, (b) The necessity of opening a private 
road shall be determined by jury ; contingent damages 
and expenses shall be paid by person benefited, (c) 
The legislature shall make general laws giving farmers 
right of drainage across adjoining lands. 

Sec. 8. Freedom of Speech. — Every one shall have the 
right to write, print, or say whatever he chooses, hold- 
ing himself responsible for libel or slander. 

Sec. 9. Right of Petition, Divorce, Lottery and Gambling. — 
(a) People shall have right to assemble and petition 
government. (b) Divorces shall not be granted by 
legislature, (c) Xo lottery, pool-selling, book-making, 
or any other kind of gambling shall be allowed in this 
State. 

Sec. 10. Escheats — All lands the title to which fails 
from defect of heirs reverts to the people of the state. 

Sec. 13. Lease of Farm Land. — X^o lease of farm land for 
more than 12 years shall be valid. 

Sec. 15. Indian Lands.— Consent of the legislature shall 
be necessary to buy lands of the Indians in this State. 

Sec. 18. Removal of $5,000 Limitation — Damages for in- 
juries resulting in death shall not be subject to statu- 
tory limitations. 



9S CIVICS AND SCHOOL LAW. 

ARTICLE II. 

Voters. 

Sec. i. Qualifications — Male ; citizen 90 days and in- 
habitant of this state one year preceding election ; four 
months resident of county ; and for last 30 days, resi- 
dent of election district. The legislature shall provide 
for the time and place at which absent electors in the 
navy and army may vote, and for the canvass of their 
votes. 

Sec. 2. Bribery — Any person who gives or receives 
money or any other, reward for a vote at an election shall 
be deprived of the right to vote at such election. The 
legislature shall enact laws excluding from the right to 
vote all persons convicted of bribery, or of any infamous 
crime. 

Sec. 3. Residence. — Xo person shall lose his right to 
vote while in the service of the United States, whilg 
navigating the waters of this State or the United States, 
while a student in any seminary of learning, or while in 
any almshouse, or other asylum or in any public prison. 

Sec. 4. Registration. — All voters must register at least 
ten days before election. In cities and villages having 
5,000 or more inhabitants, voters shall be registered 
upon personal application only ; but voters not living in 
such cities or villages shall not be so required to reg- 
ister. 

Sec. 5. Manner of Voting. — All elections by the citizens 
shall be by secret ballot. 

Sec. 6. Election Boards bi-partisan. — All boards of officers 
who register voters and distribute, receive and count 
votes at elections shall have equal representation from 
the two largest political parties at the last preceding 
election. This section shall not apply to town meetings 
or to village elections. 



CIVICS AND SCHOOL LAW 99 

ARTICLE III. 
The Legislature. 

Sec. i. Number of Houses — Two houses; Senate and 
Assembly. 

Sec. 2. How constituted. — Senate to consist of 50 mem- 
bers, elected for two years; assembly, 150 members, 
elected for one year. 

Sec. 3. Apportionment.— The State is divided into 50 
districts, each district to choose one senator. 

Sec. 4. Enumeration, Senate Districts — Enumeration shall 
be taken in 1905, and every 10 years thereafter; Senate 
districts shall contain equal number of inhabitants, and 
shall be altered after each enumeration, if necessary ; 
no county shall have more than one-third, and no two 
adjoining counties shall have more than one-half of 
all senators. The ratio for apportioning Senators shall 
be obtained by dividing the number of inhabitants, aliens 
excluded, by 50. A county which already has three or 
more Senators shall have an additional Senator or Sena- 
tors if it is so entitled by its ratio at the time of any ap- 
portionment, such additional increasing the total num- 
ber of Senators beyond 50, but there must be a full 
ratio for each such Senator added. 

Sec. 5. Assembly Districts— Members of Assembly shall be 
apportioned among the counties according to popula- 
tion ; the ratio of apportionment shall be obtained by 
dividing the number of inhabitants, aliens excepted, by 
150. The apportionment of members shall be as fol- 
lows : one member to every county whose population 
is less than one and one-half times the ratio ; two mem- 
bers to every other county ; the remaining members 
shall be apportioned, according to number of inhabit- 
ants, to those counties whose population, excluding 

L.cfC. 



100 CIVICS AND SCHOOL LAW. 

aliens, is greater than twice the ratio. Counties entitled 
to more than one member shall be divided into Assembly 
districts by supervisors, or by the common council, 
where a city and a county have the same boundaries. 

Sec. 6. Salary. — Salary of each Assemblyman and Sen- 
ator, $1,500 per year, and a mileage of 10 cents in going 
to and from Albany once in every session. 

Sec. 7. Civil appointments — No member of the legis- 
lature shall receive any civil appointment within State 
or Senate of United States while he is a member of the 
legislature. 

Sec. 8. Eligibility. — No member of Congress, civil or 
military officer of any city, shall be a member of the 
legislature. 

Sec. 9. Election. — Tuesday following first Monday in 
November, unless otherwise ordered by the legislature. 

.Sec. 10. Quorum, Rules, Membership, Officers. — A majority 
to be a quorum in each house ; each house to determine 
its own methods of doing business ; each to be judge 
of the election or qualifications of its members ; each 
house to choose its own officers ; Senate to choose a 
president pro tern, to preside during absence of lieuten- 
ant-governor. 

Sec. 11. Proceedings. — Each house to keep a journal of 
its proceeding ; each house shall be open to the public ; 
neither house shall adjourn for more than two days with- 
out consent of the other. 

Sec. 12. Freedom of Debate. — For any speech in either 
house, the members shall not be questioned in any 
other place. No member shall be liable for slander or 
liable for any speech in the house. 

Sec. 13. Originating Laws. — Any kind of bill may orig- 
inate or be amended in either house. 



CIVICS AND SCHOOL LAW. 101 

Sec. 14. Enacting Clause.— "The people of the State of 
New York, represented in Senate and Assembly, do 
enact as follows :" 

Sec. 15. Bills to be Printed, Number Necessary to Pass Law. 
— Each bill shall be printed and placed on desks of mem- 
bers, in its final form, at least three days prior to final 
passage, unless the governor certifies to the necessity 
of its immediate passage. In each house bills shall 
have a majority of all the members elected. 

Sec. 16. Private Bills. — No private or local bill shall 
embrace more than one subject. 

Sec. 18. Restriction on Power to Pass Local Laws. — On the 
following subjects the legislature shall have no power 
to pass laws affecting particular individuals or particu- 
lar parts of the State, but may pass general lews affecting 
the whole State alike : (a) Changing names of individu- 
als ; (b) opening, closing, or changing roads ; (c) chang- 
ing county-seats ; (d) changing place of trial in suits ; 
(e) incorporating villages ; (f) election of supervisors ; 
(g) selection of jurors ; (h) legal rate of interest ; (i) con- 
duct and places of elections ; (j) increasing compensa- 
tion of officer during term ; (k) granting right to build 
railroads ; (1) granting any exclusive privilege ; (m) pro- 
viding for building bridges, except over the Hudson 
river below Waterford or over East river, or over the 
boundary waters of the state. 

Sec. 19. Private Claims.— The legislature shall not audit 
any private claim, but may apnropriate money to pay the 
same. 

Sec. 20. Private Appropriation Bills.— Bills appropriating 
public money for private purpo^s shall have two-thirds 
majority. 

Sec. 21. Payment only after Appropriation. — No money of 
the State shall be paid out by the treasurer unless an ap- 
propriation bill has been passed for the purpose. 



102 CIVICS AND SCHOOL LAW. 

Sec. 22. Prohibiting "Riders" on Appropriation Bills. — Xo 
provision or enactment shall be included- in appropriation 
bill unless it relates specificallv to some appropriation in 
the bill. 

Sec. 24. Tax Bill. — Every law which imposes a tax to 
state the tax and the object to w T hich it is to be applied. 

Sec. 25. Quorum for Money Bills.— On the final vote upon 
bills (1) laying a tax, (2) creating a public debt, (3) ap- 
propriating public money, or (4) releasing any claim of 
the State, the vote of each member shall be recorded, 
and three-fifths necessary shall constitute a quorum. 

Sec. 29. Contract Labor in Prison Prohibited. — The legis- 
lature shall provide for the occupation and employment 
of all convicts, but convict labor shall not be employed 
directly or indirectly for the benefit of any person, firm, 
or corporation. The legislature may, however, provide 
that such labor shall be employed for the benefit or in 
the interest of the State or any political division thereof. 

ARTICLE IV. 
THE GOVERNOR AND LIEUTENANT-GOVERNOR. 

Sec. 1. Office: Term. — Executive power of State shall be 
vested in governor. Term of governor and lieutenant- 
governor shall be two years. 

Sec. 2. Eligibility.— Xo one eligibile for governor or 
lieutenant-governor, unless a citizen of the United States, 
not less than 30 years of age, and a resident of New York 
State for five years preceding the election. 

Sec. 3. Election.— Governor and lieutenant-governor 
shall be elected by people : in case of tie, Senate and As- 
sembly shall elect them. 

Sec. 4. Governor's Powers and Duties: Salary. — Governor 
shall be commander-in-chief of military forces, shall have 



CIVICS AM) SCHCOL LAW. 108 

power to convene legislature or Senate in special session, 
shall send a message on necessities of the State to each 
legislature, shall transact necessary business with other 
officers of government, shall expedite all measures re- 
solved upon by the legislature, and shall take care that 
the laws are faithfully executed. His salary shall be 
Sio.ooo. 

Sec. 5. Pardons.— Governor shall have power to grant 
reprieves, commutations, and pardons to convicted crimi- 
nals, except in cases of treason and impeachment. 

Sec. 6. Lieutenant-Governor becoming Governor. — In case 
of impeachment, death, resignation, or disability of gov- 
ernor, lieutenant-governor shall become governor. 

Sec. 7. Eligibility of Lieutenant-Governor: Gubernatorial 
Succession. — The conditions of eligibility for lieutenant- 
governor shall be the same as for governor. Lieutenant- 
governor shall be presiding officer in Senate. In case 
of impeachment, etc., of the lieutenant-governor, the 
president of the Senate shall act as governor as long as 
may be necessary ; and in case of impeachment, etc., of 
the president of the Senate, the speaker of the Assembly 
shall act as governor. 

Sec. 8- Salary of Lieutenant-Governor.— $5000. 

Sec. 9. Veto — Bills passed by legislature shall be 
approved by governor before they can become law : gov- 
ernor shall have power to veto any bill ; when vetoed, no 
bill shall become a law unless passed again by both 
houses, two-thirds of members elected voting for it ; if 
governor fails to either approve or veto it within 10 days, 
the bill shall become law without his opproval ; bills in 
his hands at final adjournment not yet acted on by him 
shall not become laws without his approval, and he shall 
have 30 days to act. 



104 CIVICS AND SCHOOL LAW. ' 

ARTICLE V. 

ADMINISTRATIVE STATE OFFICERS. 

Sec. i. Secretary of State; Comptroller; Treasur- 
er; Attorney- General; State Engineer and Surveyor. — Elected 
at general election; shall hold office two years. 

Sec. 3. Superintendent of Public Works. — Appointed by 
governor and Senate ; holds office until end of governor's 
term ; has charge of canals ; may be removed by govern- 
or. 

Sec. 3. Superintendent of State-prisons. — Appointed by 
•governor and Senate ; holds office for five years ; has 
charge of state-prisons ; may be removed by governor. 

Sec. 5. State Lands; Canal Fund; Canal Board. — (a) Lieu- 
tenant governor, speaker of Assembly, secretary of State, 
comptroller, treasurer, attorney-general, and state engi- 
neer and surveyor are commissioners of the land office ; 
(b) Lieutenant-governor, secretary of State, comptroller, 
treasurer, and attorney-general to be commissioners of 
the canal fund ; (c) Canal board to consist of commis- 
sioners of canal fund, state engineer and surveyor, and 
superintendent of public works. 

Sec. 7. Treasurer Suspended by Governor. — When legis- 
lature not in session, Governor has power to suspend 
treasurer for misconduct. 

Sec. 9. Civil Service. — Appointments and promotions in 
the civil service of the State, and of all civil divisions 
thereof, including cities and villages, shall be based on 
merit and fitness ascertained so far as practicable through 
competitive examinations. Honorably discharged vet- 
erans of the civil war who are citizens and residents of 
this State shall be entitled to preference in appointment 
and promotion without regard to standing on civil ser- 
vice lists. 



CIVICS AND SCHOOL LAW. 105 

ARTICLE VI. 

COURTS. 

Sec. i, 4, and 5. Supreme Court.— Supreme Court shall 
consist of the (46) justices in office in 1894 and 12 ad- 
ditional justices, together with the (6) judges of the 
Superior Court of the City of New York, the (6) judges 
of the Court of Common Pleas of the City and County 
of Xew York, the (3) judges of the Superior Court of 
Buffalo, and the (3) judges of the City Court of Brooklyn, 
which courts are to be abolished after 1895, after which 
their jurisdiction is to be vested in the Supreme Court. 
The successors of all these judges shall be elected as 
justices of the Supreme Court. Term of office shall be 
14 years. 

Sec. 2. Judicial Department — Appellate Divisions of the Su- 
preme Court.— There shall be four judicial departments of 
the Supreme Court, the first of which is to consist of 
the County of New York. The Appellate division of the 
Supreme Court shall consist of seven justices in the first 
department and five in each of the others, to serve five 
years. The governor shall designate which of all the 
(76) justices shall serve, and which one shall be presiding 
justice in each department. 

Sec. 4. Term of office; vacancies.— Elected for 14 years. 
.Vacancies shall be filled for full term at next general 
election ; governor may fill vacancy until election. 

Sec. 7. Court of Appeals. — To consist of seven judges, 
elected by the people ; to hold office 14 years ; five neces- 
sary for a quorum ; four to concur to render judgment. 

Sec. 8. Vacancies.— Vacancies shall be filled at next 
general election occurring not less than three months 
after vacancy occurs, for a full term. Until it is so filled, 
the vacancy shall be filled by the governor, by and with 
the consent of the Senate. 



106 CIVICS AND SCHOOL LAW. 

Sec. 9. Jurisdiction of Court of Appeals shall be limited 
after 1895 to the review of questions of law, except where 
judgment is of death; shall not review unanimous de- 
cisions of the Appellate division of the Supreme Court. 
The right of appeal to this court shall not depend on 
amount of money involved. 

Sec. 10. Other Office.— Judges of the Court of Appeals 
and Justices of the Supreme Court shall hold no other 
office. 

Sec. 11. Removal of Judges.— A Judge of the Court of 
Appeals or a Justice of the Supreme Court may be re- 
moved by legislature on a two-thirds vote in each house ; 
all other judges (except justices of the peace and judges 
of lowest courts) may be removed by the governor and 
Senate if two-thirds concur. 

Sec. 12. Term. — No judge or justice of any court shall 
hold office after he is 70 years of age. 

Sec. 13. Impeachment and Trial.— Assembly shall have 
power of impeachment; trial of impeachment shall be 
had before the lieutenant-governor, the Senate, and court 
of appeals sitting together ; conviction only by vote of 
two-thirds ; punishment shall be only removal from of- 
fice, or removal and disqualification to hold any office 
tinder the State. 

[For description of County Court, etc., see chapter on 
'"Criminal Proceedings.] 

Sec. 18. Inferior Local Courts. — (e. g., police courts ; ma- 
rine courts; etc), may be established by the legislature, 
but not as courts of record. The legislature shall not 
confer on any inferior or local court of its own creation, 
any equity jurisdiction, or any jurisdiction greater than 
that conferred by the Constitution on county courts. 

Sec. 20. Fees: Restrictions. — No judge, except justices of 
the peace, shall receive any fee. No judges of the Court 
of Appeals, or justices of the Supreme Court, or county 



I 1VICS AM» SCH< H >L Law. l..; 

judges, or surrogates in counties of over 120,000 inhabit- 
ants, may practice law. Only attorneys of this State shall 
be eligible for judicial positions. 

Sec. 21. Publication of Law.-, a 1 The legislature shall 
provide for speedy publication of laws passed, (b) Any 
one may publish laws or judicial decisions free. 

ARTICLE VII. 

PROPERTY AND DEBTS OF THE STATE. 

Sec. 1. Loan of State Credit.— State bonds shall never be 
given or loaned to anybody. 

Sec. 2. Casual Debts.— The casual debts of the State for 
ordinary expenses shall not exceed at any time S 1,000, - 
000 : money thereby raised shall be applied only to the 
purpose for which it was raised. 

Sec. 3. War Debts.— State may contract debts to repel 
invasion, suppress insurrection, or defend the State in 
war : money so raised to be applied only to the purpose 
for which it was raised. 

Sec. 4. Other Debts.— Xo other state debt shall be con- 
tracted except by law. for a specified object : such law 
shall provide for an annual tax sufficient to pay off debt 
in 18 years : such law before taking effect shall be passed 
by the people at an election, after the legislature has 
passed it. 

Sec. 7. Forest Reserves.— The State forest reserves shall 
be forever kept as wild forest lands : shall be neither 
leased, sold, nor exchanged : the timber shall be neither 
sold, removed, nor destroyed. 

Sec. 8. Certain Canals not to be Sold or Leased. — The Erie 
Canal. Oswego . Canal, Champlain Canal. Cayuga and 
Seneca Canal, and Black River Canal shall remain the 
property, of the State and under its management for- 
ever. 



108 CIVICS AND SCHOOL LAW. 

Sec. 9. Canal Tolls. — There shall be no tolls upon the 
canals owned by the State. 

Sec. 10. Canal Improvements.— Canals shall be improved 
as the legislature may provide. Cost of improvements 
shall be met (a) by a debt contracted according to sec. 
4 of this article, or (b) by appropriation from State 
treasury, or (c) by equitable annual tax. 

ARTICLE VIII. 
USE OF PUBLIC FUNDS IN AID OF PRIVATE ENTERPRISES. 

Sec. 4. Trustees of Savings Banks. — No trustee of such 
shall have any interest in the profits of such corporation. 

Sec. 5. Specie Payment.— Legislature shall not suspend 
by law specie payment by a bank. 

Sec. 7. Stockholders of Banks.— Such are responsible to 
amount of their respective shares for the bank's debts. 

Sec. 9. State Funds.— Neither the funds nor credit of 
the State shall be given or loaned in aid of any private 
enterprise. 

Sec. 10. Municipal Funds.— (a) No county, town, city, or 
village shall give or loan its funds or credit in aid of any' 
private enterprise, or shall become an owner in any 
private corporation, or shall incur any indebtedness, ex- 
cept for municipal purposes, (b) Cities of 100,000 in- 
habitants, and counties containing them, shall not have 
debts exceeding ten per cent, of the valuation of the real 
estate in them. 

Sec. 11 and 12. Charities; Commission in Lunacy; Commis- 
sion of Prisons.— The legislature shall provide for the' fol- 
lowing boards and commissions : (a) State Board of 
Charities, to inspect all charitable, eleemosynary, cor- 
rectional, or reformatory institutions ; (b) a State Com- 
mission in Lunacy, to inspect all public and private in- 






CIVICS AND SCHOOL LAW. 109 

stitutions used for the care of the insane, not including 
institutions for epileptics and idiots ; (c) a State Commis- 
sion of Prisons, to inspect all penal institutions. Mem- 
bers of these bodies to be appointed by the governor and 
senate ; may be removed for cause by the governor. 

Sec. 14. Public Money for Private Institutions. — Payment of 
public money by counties, cities, towns and villages to 
the support of charitable and reformatory institutions 
wholly or partly under private care may be authorized, 
but not required, by the legislature. The State Board 
of Charities shall control such expenditures. 

ARTICLE IX. 
EDUCATION. 

Sec. 1. Free Schools. — The legislature shall provide 
free schools for all children of the State. 

Sec. 2. The University of the State of New York. — The cor- 
poration created in 1784 under the name of The Regents 
of the University of the State of Xew York, shall be con- 
tinued under the name of The University of the State of 
Xew York. It shall be governed and its corporate 
powers shall be exercised by not less than nine regents. 

Sec. 3. Common School, Literature, and United States De- 
posit Funds.— The capital of the common-school fund, the 
capital of the literature fund, and the capital of the 
United States deposit fund shall be preserved inviolate. 
The revenue of the common-school fund shall be applied 
to the support of common schools ; the revenue of the 
literature fund shall be applied to the support of aca- 
demies, and tli£ sum of $25,000 of the revenues of the 
United States deposit fund shall be added each year to 
the capital of the common-school fund. 



110 CIVICS AND SCHOOL LAW. 

Sec. 4. Sectarian Schools. — Xo public property, credit, or 
money shall be used directly or indirectly in aid of 
sectarian schools. 

ARTICLE X. 

MISCELLANEOUS PROVISIONS. 

Sec. 1. Sheriff, County Clerk, District- Attorney; Removals. — 
Each of these shall be elected by the people of the res- 
pective counties for three years, except in the coun- 
ties of New York and Kings, where such officers shall 
be elected once in two or four years, as the legislature 
may direct. Sheriffs shall be ineligible for the next 
succeeding term. Any of these officers may be remov- 
ed for misconduct by the governor. 

Sec. 6. Political Year.— Officials to take office on Jan- 
uary 1st. The legislature shall assemble every year on 
first Wednesday in January. 

ARTICLE XI. 

MILITIA. 

Sec. 1. Militia.— All able bodied citizens (there are 
some exemptions) between the ages of 18 and 45 to con- 
stitute the militia. 

Sec. 3. Organization of Militia. — The legislature shall or- 
ganize and divide the militia into land and naval, and 
into active and reserve forces. A force of not less than 
10,000 enlisted, uniformed, and equipped men shall be 
always ready for active service. Appropriations shall 
be made at each legislative session to maintain the 
militia. 

Sees. 4 and 5. Appointment of Officers. — (a) Chiefs of staff 
departments, governor's aides-de-camp, and military 



CIVICS AND SCHool. LAW. Ill 

secretary shall be appointed by the governor to serve dur- 
ing his term of office, (b) All major-generals shall be 
appointed by governor, (c) The present mode of choos- 
ing or appointing all other commissioned and non-com- 
missioned officers shall be changed only by a two-thirds 
vote of each house of the legislature. 

Sec. 6. Removals. — Xo commissioned officer shall be 
removed during the term for which he was appointed 
unless for misconduct, (a) by the governor and the 
senate ; (b) by court-martial, (e) on the findings of an ex- 
amining board organized pursuant to law, (d) for absence 
without leave for six months. 

ARTICLE XII. 
CITIES. 

Sec.2. Classification of Cities.— First class, those having 
a population of 250,000 or more ; second class, those hav- 
ing less than 250,000 inhabitants, but not less than 
50.000 ; third class, all other cities. A special city act 
passed by the legislature must be submitted for ac- 
ceptance to the municipal authorities of the city or cities 
concerned before it goes to the governor. If not ac- 
cepted, it must be passed again by both houses of the 
legislature and signed by the governor before it can be- 
come a law. 

Sec. 3. Election of City Officers.— Election of city officers 
in cities of first and second class, including supervisors, 
judges, and justices of inferior and local courts, and of 
county officers in the counties of Xew York and Kings, 
shall be held on the Tuesday succeeding the first Mon- 
day in November in odd-numbered years, and the term 
of office of all such officers sjhall expire at the end of an 
odd-numbered vear. 



112 CIVICS AND SCHOOL LAW. 

ARTICLE XIII. 

OATH OF OFFICE: BRIBERY AND OFFICIAL CORRUP- 
TION. 

Sec. i. Oath of Office for members of the legislature 
(and for all officers, executive and judicial, except such 
inferior officers as the law exempts) : "I dp solemnly swear 
(or affirm) that I will support the Constitution of the 
United States and the Constitution of the State of Xew 
York, and that I will faithfully discharge the duties of 
the office of according to the best of my ability ; 

"And I do further solemnly swear (or affirm) that I 
have not directly or indirectly paid, offered or promised 
to pay, contributed, or offered or promised to contribute, 
any money or other valuable thing as a consideration 
or reward for the giving or withholding a vote at the 
election at which I was elected to said office, and have 
not made any promise to influence the giving or with- 
holding any such vote.'' 

Sees. 2 and 3. Bribery and Corruption. — Any State official 
who shall accept a bribe, and any person who shall offer 
or promise a State official a bribe shall be guilty of a 
felony. 

Sec. 5. Prohibiting Passes.— No State officer shall ask 
for, or to receive for himself or for another, any free pass, 
free transportation, franking privilege, or discrimination 
in passenger, telegraph, or telephone rates. Violation 
of this section shall be deemed a misdemeanor. 

ARTICLE XIV. 

AMENDMENT OF CONSTITUTION. 

Sec. 1. How Made. — Amendments shall be proposed in 
the legislature, passed by both houses, passed again by 
the next legislature -which shall contain an entirely new 



CIVICS AND SCHOOL LAW. 113 

Senate, then submitted at an election to the people ; a 
majority in favor in each case being sufficient to be- 
come a part of the constitution on January ist after the 
election. 

Sec. 2. General Revision.— In 19 1 6 and each twentieth 
year thereafter, and at any other time when the legis- 
lature thinks best, the question to be submitted to the 
people at an election, whether there shall be a convention 
to revise and amend the constitution ; such new constitu- 
tion, if made shall be thereafter submitted to the people 
for adoption or rejection. 




Chapter XVII. 

RELATION OF STATE AND NATIONAL GOVERNMENTS; 
POLITICAL PARTIES. 

State and Government Compared.— The State is one thing; 
the government quite another. "The State, is the cor- 
porate people ; the government, a system of agents 
and powers that the people have either organized, or 
permitted to be organized, to carry on the public funr- 
tions of society. Therefore, government is not an end 
but a means/' 

In our republic, local or state government exists the 
creature of the central government, by which.it may be 
changed. "The two may be strictly co-ordinate, and so 
independent in their different spheres ; or one may be de- 
pendent upon the other ; or, if they are independent, one 
may employ the other as an agency. " 

Each State is independent in those matters which con- 
cern itself only ; on the other hand, all States are sub- 
ject to the common authority of the government in mat- 
ters which concern all. All that comes under the head 
of international law, such as peace, war, and treaties, is 
reserved for the central government. "Foreign nations 
know nothing of the States, and deal only with cen- 
tral government. A federal union forms one State or 
power in relation to other powers, but many States in 
relation to internal administration." 

The important powers that the United States constitu- 
tion omits had been intrusted to the States. The States 
assist to keep the machinery of our national government 



CIVICS AND SCHOOL LAW. 115 

in motion. The United States constitution assumes that 
the state legislatures will attend to the qualifications for 
the electors of members of the House of Representatives, 
and that the States will .appoint presidential electors. 
"The constitutions of all the States form a part of the 
constitution of the United States/' 

President Garfield once said, "It will not be denied that 
the State government touches the citizen and his inter- 
ests twenty times where the national government touches 
him once/' 

Political Parties.— Alexander Hamilton's financial plan 
put the young American republic upon a sound founda- 
tion. It established confidence in our institutions at 
home and abroad. But there were people who objected 
to his measures and declared that the United States con- 
stitution nowhere gives Congress the right to charter a 
national bank, nor the right to pay the debts owed by 
States by taxation. Hamilton answered that Congress 
has the right "to make all laws which shall be necessary 
and proper for carrying into execution, the powers 
vested by the constitution in the government of the 
United States/' This is known as the elastic clause of 
the constitution. 

Hamilton, who headed the federal party, said that it 
was necessary to construe this clause loosely that the 
new government might be firmly started ; Thomas Jef- 
ferson, who headed the anti-federal party, said that this 
clause would be a source of danger unless it were con- 
strued strictly. This was the origin of political parties 
in our country. The federal party was stronger in the 
Xorth than in the South. 

Political parties usually grow out of questions of legis- 
lation. Parties are formed to influence the passage of 
laws. But when the parties are once formed, their in- 
fluence extends to the selection of officials of all grades, 



116 CIVICS AND SCHOOL LAW. 

even to those of a township. This party division is 
maintained to keep a party spirit and to secure official 
patronage. 

Parties serve a good purpose. The party in power is 
responsible, in a large measure, for the commercial pros- 
perity of the country. The party out of power holds in 
check the one in power. "The fact that a public man is a 
member of a certain party shows many of the views 
which he entertains and the principles which he may be 
expected to support/' 

The democratic party has had a continuous organiza- 
tion since the time of John Adams. It has been critical 
and conservative. . The whig party arose in the thirties 
and advocated tariff for protection against European 
workingmen, and internal improvement at national cost. 
In 1856 the present republican party came forward as a 
prominent political organization, and grew out of two 
needs — the need of an agency to solve the slavery ques- 
tion, and the need of one to prevent the breaking up of 
the Union over that question. It has been the party of 
constructive measures. 

The anti-renters, a party in New York in 1841, resisted 
the collection of back rents on the Van Rensselaer 
manor. Barn-burners, New York, 1846, seceders from 
the democratic party, were opposed to the extension of 
slavery. Bucktails were staunch supporters of Madison. 
Conservatives flourished in 1837, were paper-money 
democrats. Doughfaces, were the northern members 
of Congress who voted for the Missouri compromise. 
Hunkers, like the barn-burners, were a faction of the 
democratic party in New York opposed to the extension 
of slavery. Know- Nothings was a party in New York in 
1854, which was opposed to the naturalization of foreign- 
ers unless they had been in this country 21 years. In 
J 835> while the democrats were holding a convention in 



CIVICS AND SCHOOL LAW. 117 

New York City, the lights were put out. They were 
relighted with "locofoco matches," a recent invention. 
These democrats for ten years were called 'Locofocos." 
The liberal republican party was formed in 1872 by some 
republicans joining the democrats in support of Greeley 
for president. 

PRESIDENTS AND THEIR PARTIES. 

Term. Name. Party. 

1 790- 1 797 George Washington None 

1797-1801 John Adams Federal 

1 801 -1 809 Thomas Jefferson Republican 

1809-1817 James Madison Republican 

1817-1825 James Monroe Republican 

1825-1829 John Quincy Adams None 

1 829- 1 837 Andrew Jackson Democratic 

1837-1841 Martin Van Buren Democratic 

1841- Wm. Henry Harrison Whig 

1841-1845 John Tyler Democratic 

1845-1849 James K. Polk Democratic 

1849-1850 Zachary Taylor Whig 

1850- 1853 Millard Fillmore Whig 

1853-1857 Franklin Pierce Democratic 

1857-1861 James Buchanan Democratic 

1861-1865 Abraham Lincoln Republican 

1865-1869 Andrew Johnson Republican 

1 869- 1 877 Ulysses S. Grant Republican 

1 877- 1 88 1 Rutherford B. Hayes Republican 

1 88 1- James A. Garfield Republican 

1881-1883 Chester A. Arthur Republican 

1 885- 1 889 Grover Cleveland Democratic 

1889-1893 Benjamin Harrison Republican 

1 893- 1 897 Grover Cleveland Democratic 

1 897- 1 90 1 William McKinley Republican 

1901 Theodore Roosevelt Republican 



118 CIVICS AND SCHOOL LAW. 

For a discussion of political machinery — caucuses, 
conventions, etc., see Chapter IV. 



CIVICS. 



Review Questions Issued by the Dep't of Public Instruction for 
the Training Class and Uniform Examinations. 

Most questions in the following examinations that were dupli- 
cated have been omitted. In view of this fact, the questions 
make a searching review. 



In a common school district, {a) where is legislative power 

vested? (6) Where is executive power vested? 
By what authority are (a) new counties organized; (6) new 
towns ? 

WI at are the principal duties of inspectors of election on 
election day? 

The state constitution reads as follows: "No person shall 
be eligible to the legislature who at the time of his elec- 
tion is, or within one hundred days previous thereto has 
been, a member of congress or a civil or military officer 
under the United States." Give reason for such provision. 
Name some of the principal purposes for which money is 
raised by tax to carry on the government of a town. 

How is the salary of the president of the United States 
fixed? What does the constitution prescribe in regard to 
a change in his compensation? 

The constitution provides that "No senator or representa- 
tive shall, during the time for which he was elected, be 
appointed to any civil office under the authority of the 
United States, which shall have been created, or the emolu- 
ments whereof shall have been increased, during such 
time." Give reasons for such provision. 

Distinguish between an impeachment by the United States 
house of representatives and the trial of that impeachment 
by the senate. 

How may a Bill be passed over the president's veto? 

Mention three powers denied to the states by the federal 
constitution. 



What is a constitution? 



CIVICS AND SCHOOL LAW. 11!) 

Who is constituted the presiding officer of the L'nited States 
Senate, and when is he entitled to vote upon any question 
before the Senate? 

What is the right of suffrage? Is it a natural or a civil 
right ? 

Name your Member of Assembly; your Congressman elect. 

How is the number of Presidential electors determined? 
How many were elected at the last general election? 

What is the "President's Message?" 

What is the county legislature called, and how often does it 
meet ? 

Name five town officers, and mention a duty of each? 

For how long a term is each of the following officers elect- 
ed: (a) Governor? (b) Comptroller? (c) State Super- 
intendent. of Public Instruction? (d) Sheriff? (e) Coun- 
ty Judge? Give two auties of each. 

3- 

Define specific and ad valorum duties. 

Define (a) republic; (6) limited monarchy; (c) absolute 
monarchy. 

Of what three departments does the government of the 
United States consist? What is the function of each? 

(a) Distinguish between an appointive and an elective 
office, (b) Give an example of each in our State govern- 
ment. 

What is a caucus? 

Distinguish between direct and indirect taxation. 

What is meant by the governor's power of veto ? What is 
the purpose of this power? 

Mention two Constitutional powers of the United States 
prohibited to the States. 

Mention two privileges granted by the United States Con- 
stitution to members of Congress as individuals. 

Mention three classes of cases in which the United States 
Courts have jurisdiction. 

What is the Constitutional definition of treason, and what 
are the provisions as to the proof necessary to convict a 
person of treason? 

4. 

( a 1 Give the title of the presiding officer in each branch 

of the legislature, (b) How is each chosen? (c) State the 

privileges of each with reference to voting. 
What provision does the State Constitution make (a) for 

its own amendment; (b) for its own revision? 
Name three kinds of juries. Give the number composing 

each and a dutv of each. 



120 CIVICS AND SCHOOL LAW. 

By what authority is each of the following political divi- 
sions organized: (a) State; (6) territory; (c) county; 
{d) city; (e) town. 

Mention three officials of the town, one of the county, and 
one of the State, who have special duties in the matter of 
taxation. State the duty of each in this matter. 

Define (a) pure democracy; (6) representative democracy. 
Give an illustration of each. 

Explain the difference between the terms elector and Presi- 
dential elector. 

(a) What is the highest Court of the United States? (6) 
Of how many justices does it consist? 

What is a city charter? 

Distinguish between voting by ballot and voting by accla- 
mation. 

5- 

State how many {a) congressional districts there are in the 
State; (Z>) assembly; (c) senatorial. 

How are postmasters of cities appointed? 

How are Representatives in Congress apportioned among 
the States? 

How many members compose the United States senate? 

In what cases must Congress afford protection to the States? 

What branch of the executive department of the national 
government has charge of foreign affairs? 

Why are the accounts of the United States treasury depart- 
ment published from time to time? 

Under what authority is the District of Columbia governed? 

How many members of each branch of the State legislature 
shall constitute a quorum? 

The American plan of government is that the States reserve 
to themselves as much power as possible, and delegate to 
the General Government only such powers as are abso- 
lutely necessary to a strong central government. Give 
two illustrations of this. 

6. 

How does the State constitution differ from that of the 
United States in its provision for original bills? 

For what three general purposes may Congress levy taxes? 

What check is placed upon the President in his action to- 
wards foreign powers — for example — in making treaties, 
appointing ambassadors, ministers, etc.? 

(a) What is the salary of the Vice-President? What Legis- 
lative officers receive the same salary? 

When shall the Lieutenant-Governor not act as a member 
of the Court of Impeachment? Why? 



CIVICS AND SCHOOL LAW. 121 

The sheriff is required by law to give bonds for the faith- 
ful performance of his duties. Why this requirement? 

By whom are vacancies in the following offices filled : (a) 
County Judge? (6) County Treasurer; (c) School Com- 
missioner ? 
(a) For what purpose are constitutional conventions in 
this State held? (&) By whom are the members of such 
convention chosen? 

When the election of President and Vice-President goes to 

Congress, by whom is each elected? 
(a) What is the salary of the Governor of this State? 
(b) By what authority is it fixed? (c) How may it be 
changed ? 

7- 

Name (a) the legislative officers of a village: (b) the execu- 
tive officer. 

State the qualifications for United States Senators as to 
(a) age; (b) residence; (c) citizenship. 

(a) What is meant by the term joint ballot? (5) Mention 
an officer so elected in this State. 
What are the principal duties of inspectors of election on 
election day? 

The constitution reads as follows: "No person shall be 
eligible to the legislature who at the time of his election 
is. or within one hundrend days previous thereto has been, 
a member of congress or a civil or military officer under 
the United States." Give reason for such provision. 

Xame some of the principal purposes for which money is 

raised by tax to carry on the government of a town. 
Distinguished between an impeachment by the United States 
house of representatives and the trial of that impeachment 
by the senate. 

How may a bill be passed over the president's veto? 

Mention three powers denied to the states by the federal 
constitution. 

What is the title of the highest executive officer of a coun- 
ty? 

8. 

Where is the highest judicial authority of the U. S. vested? 

Who appoints the various committees of the House of Rep- 
resentatives of the U. S. ? 

Who is the representative in Congress from your district? 

How may new States be admitted into the Union? 

Where is the power vested, under the constitution of the 
U. 8., to declare war? 

Why should the passage of an ex post facto law be forbid- 
den by the constitution? 



122 CIVICS AND SCHOOL LAW. 

Define: {a) deed; (6) mortgage; (c) lien; (d) subpoena. 
(a) What is the right of suffrage? (b) Name three classes 

wholly or partly deprived of it. 
Name two purposes of taxing imported goods. 
What determines the number of votes in the electoral col- 
lege to which a State is entitled? 
{a) What is an indirect tax? {b) Give an illustration. 
Name three sources of internal revenue. 
(a) When is a candidate in an election said to receive a 

majority vote? (6) When a plurality? 
(a) In proportion to its population does New York or 

Rhode Island have the greater influence in electing the 

President of the United States? (6) Give reason for your 

answer. 
State three purposes given in the preamble for which the 

constitution of the United States was framed? 
Mention three constitutional qualifications for a member of 

the senate of (a) the United States; (b) the state of 

New York. 
Give duties of (a) a supervisor as a town officer; (b) the 

board of supervisors. 

9- 

(a) How many years must a foreigner have been a resi- 
dent of the United States before he is entitled to file his 
declaration of his intention to become a citizen? (b) 
How many years after making his declaration before he 
can become fully naturalized? 

(a) Give the number of judges of the Court of Appeals of 
the state. (b) Mention one duty they are required to 
perform. 

Why was the term of Representatives in Congress made so 
short ? 

Why does the constitution deny to the States the right to 
levy duties on imports? 

How is the principle of State sovereignty recognized in the 
election of President by the electoral college? 

How is the principle of State sovereignty recognized in the 
election of President by the House of Representatives? 

How may new States be admitted into the union? 

flow is the number of senate and assembly districts in this 
State fixed? 

What provision is made by the constitution to prevent the 
execution of unconstitutional laws? 

What is government? What is civil government? 

10. 

Name three forms of national government now existing in 
the world, and define each. 



CIVICS AND SCHOOL LAW. 123 

Give two reasons why laws are necessary. 
From what nation did we get our common law? By what 

branch of the government is it interpreted? 
What is civil law? Ecclesiastical law? Martial law? 
In case a voter is challenged, what course must he pursue 

in order to vote? 
State the constitutional provision as to religious tests. 
State the main point of difference between the government 

under the Articles of Confederation and that under the 

Constitution. 
What one power is essential to every government? 
(a) Do all who pay taxes receive benefit in return? (b) 

Give reason for your answer. 
Judges are elected for longer terms than executive officers. 

What reason is there for this? 



What is the duty of each house of Congress (a) as to its 
rules, (6) as to its records, (c) as to its adjournment? 

What is done if no candidate for the Vice-Presidency re- 
ceives a majority of the electoral vote? 

Describe two methods of proposing amendments to the Na- 
tional Constitution. 

Define the following: (a) constitution; (6) indictment; 
(c) subpoena; (d) mortgage. 

_The constitution of the State of New York commences with 
a declaration of the rights of citizens. Mention five of 
these rights. 

(a) State an objection to the election of President by popu- 
lar vote, (b) State an advantage. 

Mention two personal and three residence qualifications of 
a voter in this State. 

Compare the highest Court of the State with the highest 
Court of the United States as to (a) the name; (6) the 
number of members; (c) the manner of selecting members. 

Mention three powers denied to the United States by the 
constitution, and two powers denied to the States. 

(a) Why was the official term of representatives in Con- 
gress made short? (b) Why was the official term of 
senators made much longer than that of representatives? 

12. 

Designate tAvo provisions of the national constitution that 
are the result of compromise, and, in each case, state the 
conflicting claims that led to the compromise. 

Define the following terms: alien, citizen, resident, voter. 

Name five political divisions or districts of the state. 
Mention an official of each. 



124 CIVICS AND SCHOOL LAW. 

What was the first purpose for establishing the national 
constitution as set forth in the preamble? Show that 
the desired result has been attained. 

Mention two special powers of each house of congress 
other than those pertaining to organization. 

What are the general duties of regular legislative commit- 
tees? Name three such committees. 

Define the terms eminent domain, warrant, copyright, patent. 

Mention two provisions of law to prevent bribery at elec- 
tions. 

What is the general purpose of state commissions as pro- 
vided for in the constitution? Mention three such com- 
missions. 

By whom may the following officers be removed: (a) gov- 
ernor; (b) school commissioner; (c) county clerk? 

Give the plan of a lesson to develop the necessity for taxa- 
tion. 

Does a citizen of any state owe first allegiance to his own 
state or to the United States? Give reason for your ans- 
wer. 

13. 

State three rights assured by the constitution to all per- 
sons in this country accused of crime. 

To whom does the national constitution give the power to 
grant reprieves and pardons? What exception is made in 
regard to this power? 

State two reasons for which inspectors of election in this 
state may reject a vote. 

State three ways in which a bill which is presented in the 
legislature of this state may fail to become a law. 

Define (a) poll tax. (b) license tax, (c) internal revenue. 

State two purposes for which the governor of New York 
may call out the militia. 

State (a) the chief duty of the coroner, (b) his term of 
office, (c) In what manner is his compensation determin- 
ed? 

(a) Name two of the Courts of a county, (b) State the 
general jurisdiction of each. 

Discuss the question: Should there be an educational 
qualification for voters? 

Name three principal sources of internal revenue. Give two 
sources of national income, other than internal revenue. 

14. 
On what date do the terms of elective national officers begin; 

elective state officers? 
Mention three civil and two political rights possessed by 

citizens of a state. 



CIVICS AND SCHOOL LAW. 

Name three subdivisions, or bureaus, of the department of 
the interior: two of the treasury department. 

Describe the usual method of amending the state constitu- 
tion. What provision does the state constitution make for 
its own revision? 

Mention an office filled by a resident of your vicinity acting 
(a) for the United States; (b) for the state; (c) for the 
county: (d) for the village; (e) for the town. 

Distinguish between constitutional law. common law, stat- 
ute law. Arrange in order of precedence. 

Outline a lesson to show the necessity of a judicial depart- 
ment in a government. 

In prosecutions for felony what are the duties of (a) the 
grand jury: (6) the judge; (c) the district attorney; 
(d) the petit jury? 

Enumerate five principal items of county expenditure. 

"Should United States senators be elected by the people?" 
Discuss. 

Outline a lesson illustrating the close relation existing be- 
tween national, state and local government. 

15. 
Describe the course of a bill until it becomes a law (a) 

with the approval of the governor: (b) over his veto. 
Into what classes does the constitution divide the cities of 

the state? Define each class. 
Mention three safeguards guaranteed by the constitution to 

persons accused of crime. 
Mention three sources of state revenue. 
Define habeas corpus. Under what conations may this 

right be suspended? Why? 
In prosecutions for felony two different juries act. Describe 

each as to (a) name; (6) number of members ; (c) duties. 
Why are judicial officers usually elected for longer terms 

than executive officrs? 
Mention two political subdivisions of a town and name the 

chief officer of each. 
Outline a lesson developing; the method of town taxation. 
Give in order the steps taken in nomine ting; a party candi- 
date for the presidency of the United States. 

16. 

Mention five civil rights guaranteed to citizens by the na- 
tional constitution. 

What special privileges are given by the constitution to 
members of Congress? Give reason for this provision. 

What is ineant by a sovereign power? Name three such 
powers of the national government. 



126 CIVICS AND SCHOOL LAW. 

Describe the main features of the present system of voting 
at state elections and mention two advantages of the 
system. 

Certain officers are required to give bonds. State the rea- 
son, and name such an officer of (a) a county; (b) a city; 
(c) the state. 

Discuss the question, Should there be a property qualification 
for voters? 

Describe a civil suit, properly using the following terms: 
subpoena, execution, plaintiff, summons, counsel, defend- 
ant, verdict, witness, juror, constable. 

Outline a plan for general work in civics in an ungraded 
school. 

Show the difference between direct and indirect taxation and 
give an example of each. 

Define eminent domain, habeas corpus, grand jury, warrant, 
naturalization. 

17. 
Give a general description of the judicial department of the 

United States government. 
Mention three principal itms of state expenditure. 
State the advantages of limiting the president to one term 

of six years. 
Mention three restrictions imposed upon the states by the 

national constitution and give reasons for each. 
Outline a lesson on the school district. 
What is meant by (a) town meeting; {b) charter election. 

(c) How often does each occur in this state? 
What is the fundamental law of this state? 
(a) Name two political rights which every male citizen of 

the state may possess. (6) Name one political duty. 
(a) How is the power of cabinet officers limited? (b) The 

power of Congress. 
How does registration of voters prior to election tend to 

prevent fraud at the elections? 

18. 
Name three county officers who may be removed by the 
governor. 
(a) In what instrument are the powers of a city defined? 

(6) How does the city obtain this instrument? 
(a) Name three courts of this state; (b) state whether the 

jurisdiction of each is original or appellate, or both. 
In the lower house of Congress, how is a vacancy in the rep-' 

resentation of any state filled? 
(a) Name a town officer whose term of office is four years. 
(6) Give three important duties he is required to perform. 



CIVICS AND SCHOOL LAW. 137 

The electors of members of the United States House of 
Representatives "shall have the qualifications requisite 
for electors of the most numerous branch of the state legis- 
lature." Account for the origin of this provision. 

Give one argument in favor of placing the execution of the 
laws of the government in the hands of one chief executive. 

"All bills for raising revenue shall originate in the House of 
Representatives." What does the term ''raising revenue" 
mean? 

The state constitution provides that no member of this state 
shall be disfranchised or deprived of any of the rights or 
privileges secured to any citizen thereof, except in one or 
two cases. State one of these cases. 

What provision in the state constitution lead to the discus- 
sion of the constitutionality of the law permitting women 
to vote for school commissioner? 

19. 

What provision of the state constitution determines where 
students attending school shall vote? 

What is the duty of excise commissioners? 
(a) What was the purpose of the framers of the constitution 
in providing that the president should be chosen by elec- 
tors rather than by popular vote? (b) Has their purpose 
been realized in this matter? (c) Give reason for your an- 
swer. 

(a) Who. according to the constitution, are citizens of the 
United States? (b) What law, with reference to citizens- 
of the United States, is each state forbidden by the consti- 
tution to make? 

What has been the unform method of adopting amendments 
to the national constitution? 

In general, a majority of the members chosen to each house 
of the state legislature constitutes a quorum to do busi- 
ness. State an exception to this rule. 

Name two officers with whom certificates of election returns 
are deposited by inspectors of election. 

Distinguish between concurrent action and joint action of 
the senate and assembly. 

Give reasons for and against educational qualification for 
suffrage. 

The constitution declares that no state shall enter into £. uy 
agreement or compact with a foreign power. G've a rea- 
son for this restriction. 

Xame two rights which are denied to aliens residing in this- 
state. 



128 CIVICS AND SCHOOL LAW. 



20. 



Who are qualified to vote upon amendments to the state 
constitution ? 

What remedy has a person whose property is affected in 
case the government exercises its. right of eminent domain? 

Mention three classes of cases in which the United States 
courts have jurisdiction. 

What is meant by reciprocity between two nations? 
Mention two powers given oy the constitution to the State 
senate but not to the assembly. 

Give the title of the chief officer of the house of represen- 
tatives, and state two important duties he is called upon 
to perform. 

Give in order the successive steps in nominating a candidate 
for president of the United States. 

Under the constitution, a citizen of New York visiting any 
other state in the Union is entitled to what privileges and 
immunities ? 

May the people of this state establish a monarchical gov- 
ernment? Give reason for your answer. 

The state constitution declares that the legislature shall 
not admit any private claim against the state nor grant 
any extra compensation to any public officer or contract- 
or. Give reasons for these prohibitions. 

21. 

Distinguish between statute law and common law. 

Mention two means taken to prevent fraudulent voting. 

In New York what officer of a county administers the oath 
of office to newly elected county officers? 

The state constitution divides the cities of New York into 
three classes, (-a) What are the cities of the first class? 

Explain in detail the process of nominating and electing 
a town or ward officer in this state. 

The constitution provides that Congress shall have power 
"To regulate commerce with foreign nations and among 
the states," etc. Mention two laws enacted by Congress 
under the authority of the clause above quoted. 

It is within the power of each house of Congress to expel 
a member. What vote is required in such cases? 

What is a party platform, and by what authority is it 
formulated ? 

Give two reasons why the postal service of the United 
States should be controlled by the general government in- 
stead of by the several states. 

The constitution provides that Congress shall have power 
"To borrow money on the credit of the United States." 



CIVICS AND SCHOOL LAW. 129 

Mention one method of borrowing money for the use of 
the government. 



To which of the executive departments of the United States 
government does each of the following named offices be- 
long: — (a) United States consuls? (6) Pension agents? 
(c) United States marshals? (d) Collector of the port? 
(e) Post-master? 

The constitution provides that, "The Congress shall have 
power to levy and collect taxes, duties, imposts, exercises, 
etc." (a) Distinguish between duties and excises. (6) 
What name is now generally given to excises? 

(a) By what authority are the several executive depart- 
ments of the United States government created? (6) The 
heads of these several departments comprise what? 

What does the constitution of the United States declare in 
regard to bail. fines, and punishment ? 

(a) What is a court of original jurisdiction? (b) What 
is an appellate court? 

(a) How are petit juries selected; (6) how often; (c) what 
are their duties? 

State the constitutional qualifications of a voter in this 
State (a) as to age. (b) residence in the State, (c) resi- 
dence in the election district. 

State three ways by which a bill may become a law after 
having passed both houses of congress. 

What at present is the chief source of national revenue? 

In case no person receives a majority of the votes of the 
electoral college for president, what does the constitution 
prescribe shall be done? 

23- 

(a) What is the chief duty of every goverment to its citi- 
zens? (b) What is the chief duty of every citizen to his 
government ? 

Distinguish between a republic and a pure democracy. 

What danger is connected with the president's power of ap- 
pointment ? 

State two acts by which a qualified voter may forfeit his 
right to vote. 

State two powers of the legislature beside the enacting of 
laws. 

(a) What is the chief duty of the Superintendent of Public 
Works? (b) How does he receive office? 

If the courts declare a statute to be in whole or in part 
unconstitutional, what is the effect of such declaration? 



130 CIVICS AND SCHOOL LAW. 

(a) What right does the State Constitution guarantee to its 
citizens in regard to free speech and press? (6) What re- 
striction is placed upon this right? 

State two restrictions which the Constitution of New York 
places upon the legislature. 

Give the titles of two boards or commissions appointed by 
the Governor, and state the principal duties of one of 
them. 

24. 

What constitutional provision insures that a certain portion 

of the United States Senate shall consist of experienced 

members ? 
(a) Wliat is law as applied to human society? (b) Can 

there be society without law? Give reason for your an- 
swer. 
W~hat is the necessity for courts of appellate jurisdiction? 
What is the duty of the board of supervisors in regard to 
' the assessments in the several towns and cities of the 

county ? 
Name in order the three persons upon whom, according to 

the State Constitution, the powers and duties of the office 

of governor respectively devolve in case of the death or 

disability of the governor. 
What is the duty of legislative committees in regard to bills 

referred to them? 
What is the jurisdiction of a justice of the peace (a) as to 

the amount of money involved, (6) in regard to persons 

charged with crime? 
(a) How does the State Board of Railroad Commissioners 

receive office? W^hat is the power of this board as (b) 

the books and affairs of railroad companies; (c) in case of 

railroad accidents or criminal negligence? 
Name three classes of cases that can be tried before the 

United States court. 
What persons are prohibited by the national Constitution 

from being presidential electors? 

25. 

Name four leading departments common to city govern- 
ments. 

Some of the work of the legislature in this State is done by 
committees. What is the purpose of this? 

(a) What is meant by an accessory to a crime? (b) In gen- 
eral how is an accessory to a crime punished? 

(a) Who are entitled to take part in the organization of 
the senate and assembly? (b) How is the validity of the 
election of members of the legislature decided? 



CIVICS AND SCHOOL LAW. 131 

(a) What is a capital offence? {b) State two rights which 
the Constitution guarantees to accused persons. 

The Constitution declares that the president's compensation 
shall neither be increased nor decreased during his term of 
office. Give the reason for this prohibition. 

(a) What power has congress as to coinage? {b) Why 
should such power be given to congress? 

(a) Define copywright. (b) What is the purpose of the 
government in granting copywrights? 

(a) State an objection to election by majority. (5) To elec- 
tion by plurality. 

Define (a) alien, (b) Xaturalization. 

26. 

Xame five subjects on which congress may legislate. 

(a) What provision does the State Constitution make for 
its own amendment; (b) for its own revision? 

The Constitution declares that members of Congress shall 
in certain cases be exempt from arrest. Give reason for 
this provision. 

(a) How can a disagreement between two States be settled? 
( b ) For what purpose is the Court of Claims ? 

Ordinarily a bill, having passed both houses, becomes a law, 
if the overnor neglects to sign it Avithin ten days. What 
exception is there to this rule? 

Most officers of this State are required to take oath of office. 
What are the three chief affirmations of this oath? 

What power in this State is higher than the authority of 
the legislature? 

What are three duties of the Speaker of the House of Rep- 
resentatives ? 

Give [a) one reason for, and (b) one against exempting per- 
sonal property from taxation. 

What is meant by a tariff for revenue only? 

27. 

State three reasons why cities need different government 
from the country. 

(a) How often and in what manner are grand jurors select- 
ed; ( b ) ' what are their duties. 

(a) Is the benefit received by taxpayers in proportion to 
the amounts paid? (b) Give reason for your answer. 
{a) Xame two duties of overseers of the poor, (b) What is 
their term of office? 

NTame two boards, or commissions, that are appointed by 
the governor, and state the duties of each. 

(a) What is the result to a person if the decision is against 
him in a civil action; (6) in a criminal action? 



132 CIVICS AND SCHOOL LAW. 

(a) Is ignorance of a law excuse for violating it? (b) Give 
reason for your answer. 

If the legislature should pass a law which violates the State 
Constitution, how could it be made of no effect? 

What is the duty of the United States to every State in re- 
gard to {a) form of government, (&) invasion, (c) insur- 
rection ? 

(a) What is a contract? (6) State two things necessary 
to the validity of a contract. 

28. 

Explain what is meant by a congressman- at-large. 

f a) How often does the State constitution declare a census 
must be taken in this State? (6) State some purpose of a 
State census. 

(a) State the place and date of the annual meeting of the 
legisuature. (b) How may an extra session of the legis- 
lature be called? 

Name two authorities by which the power of the State leg- 
islature is restricted. 

(a) What power has congress over the territories? (b) 
How may new States be admitted to the Union? 

If a vacancy occurs in the office of United States senator 
when the legislature is not in session, how is the vacancy 
filled and for how long? 
The certification of wnat officer is necessary to an oftical ballot 
at a general election? 

State two reasons for which inspectors of election have a 
right to reject votes. 

(a) What census is the basis for enumeration for senate 
districts in this State? (6) How is the ratio of appor- 
tioning senators obtained? 

(a) To how many delegates in Congress is each organized 
territory entitled? (b) What privileges have they? 

29. 

The Constitution declares that no State shall enter into 

any alliance or confederation with any foreign State. Give 

reason for this prohibition. 
{a) Before a person can be brought to trial for an infamous 

crime, what does the Constitution declare shall be done? 

(6) What is the purpose of this provision? 
(a) What is the duty of the grand jury? (b) How many of 

a grand jury must concur to find an indictment? (c) 

Are its sessions public or private? Give reason for the 

last answer. 
What is meant by (a) majority and (6) plurality in an 

election ? 



CIVICS AND SCHOOL LAW. 188 

(a) Are courts of any service to people who never come be- 
fore them? {b) Give reason for your answer. 

(a) Distinguish between a pure democracy and government 
by representation, (b) Y\ ould the former be possible in 
tiiis country? (c) Give reasons for your answer. 

What constitutes the electoral college? 

What powers are granted to Congress by the Constitution 
over [a) postal affairs; (6) money; (c) taxes; {d) the 
District of Columbia? 

What is meant by protective tariff? 

30. 

Distinguish between an indictment and a conviction. 

(a) Should an owner of property who has no children be 
obliged to pay a school tax? {b) Give reason for your 
answer. 

( a ) What is direct taxation ? ( b ) Illustrate. 

It is not considered good policy for a government to tax its 
own bonds. Why is this so? 

{a) What is an ex post facto law? {b) Why does the 
Constitution forbid such laws? 

Mention two powers which the Constitution gives to either 
house in case less than a majority is present. 

Why is government justified in imposing taxes? 

According to the United States Constitution^ who are citi- 
zens ? 

"Xo tax or duty shall be laid on articles exported from any 
State" (U. S. Constitution). Why this provision? 

By what authority is (a) the number of Senate and Assem- 
bly districts determined in this State? (5) The number 
of Representatives in Congress? 

3i. 

What is a census ? 

State two advantages of a republican form of government 

over that of a monarchy. 
What is the connecting bond or unit between (a) the village 

and county governments; (b) the town and State govern- 
ments? 
(a) What is meant by a blanket ballot? (b) What is a 

paster ballot? 
Congress shall have power to raise and support an army. 

Why was this power made a part of the constitution? 
(a) Define taxes. (b) State two objects for which taxes 

are rightfully imposed upon a community. 
Name one duty of a Surrogate. 
Deeds of real estate and mortgages on the same should be 

recorder (a) Why? (b) Where? 



134 CIVICS AND SCHOOL LAW. 

Under the supervision of which of the cabinet officers does 
the management of each of the following come: (a) for- 
eign affairs; (6) Indian affairs? 

Rules of naturalization are uniform throughout the United 
State. How is this uniformity secured? 

Xame two town officers and state one duty of each. 



SCHOOL LAW. 



(a) Who is the Superintendent of Public Instruction elect? 
(b) What is the length of his term of office? (c) When 
was he elected? {d) How was he elected? 

Give three causes for which a school commissioner may 
annul a teacher's certificate. 

What is a "joint school district?" 

Under the supervision of what school commissioner is the 
school in a joint school district? 

(a) What is the least time that a public school must be 
taught each school year, to entitle it to share in the public 
school moneys? (b) What days upon which school 
is not actually taught may be taken as part of such time ? 

\Yho is responsible for the safe keeping of the school regis- 
ter during the term of school? 

What defines and limits the business that may be brough 
before a special school meeting? 

How long a time must a teacher have taught, to be eligible 
to a certificate of the second grade? To one of the first 
grade? 

What is the regulation of the Department of Public In- 
struction in regard to the endorsing of teachers' certificates, 
by school commissioners? 

The law requires trustees to employ a janitor for the school- 
house. Under what condition only can the teacher be re- 
quired to perform such services? 

How often and at what election are school commissioners 
elected ? 

2. 

State two additional qualifications that a legal voter at a 
general election may possess, either one of which will 
enable him to vote at school meetings. 

What is the time for the holding of the annual school meet- 
ing? 

W hat is the limitation as to the business which may be trans- 
acted at a special school meeting? 



CIVICS AND SCIICOL LAW. 135 

To whom does the county treasurer pay the school money 
apportioned to a town? 

During a term of school, who is responsible for the safe- 
keeping of the school register? 

Who changes the boundaries of school districts when the 
trustees of said districts consent? 

What officer appoints a trustee in cases where a vacancy has 
existed for more than thirty days? 

Name a certificate which is signed and issued by the State 
superintendent. 

If a school commissioner should annul a teacher's certifi- 
cate without just cause what remedy has such teacher? 

Why does the compulsory education law contain the ex- 
pression "in attendance upon instruction," instead of at- 
tendance at school? 

3- 

Under what conditions does a teacher not possess the legal 
right to inflict corporal punishment? 

State the provisions of the school law in relation to: a) the 
legal qualifications a teacher must possess in order to con- 
tract ; b ) the period for which a contract may be made ; 
c) the payment of a teacher's salary. 

a) Name three purposes for which a trustee may make an 
expenditure without a vote of the district, and b) the 
amount that he may expend in each of such cases. 

If a child required to attend upon instruction under the 
compulsory education law attends a private school, what 
is a) the yearly minimum period for which he must at- 
tnnd, and b) what must be the character of the instruc- 
tion? 

What is the provis'on of school law relative to the right of 
a trustee to raise money by tax for teachers' salaries with- 
out a vote of the district? 

Has a school district the power to limit the authority of 
trustees as to a) choice of teachers; b) salary of teachers; 
c) term of service of teachers. 

Upon what two bases is the apportionment of state school 
moneys to a school district based? 

Name five powers of a) a school commissioner; b) a school 
district meeting. 

(a) In whom is the power to select teachers and to deter- 
mine their salaries vested? (b) Can this power be taken 
from such officers by any action of the district meeting? 

(a) When may a school commissioner condemn a school- 
house? (6) what amount may he direct shall be expended 
in erecting a new building? 



136 CIVICS AND SCHOOL LAW. 

4- 
{a) Name a duty, executive in character, of the state super- 
intendent of public instruction, {b) A judicial duty. 
(a) Name two town officers who have duties to perform re- 
lating to the school system. (6) Name one duty of each 
of such officers. 

In what subjects does the compulsary education law pro- 
vide instruction shall be given? 

Name three purposes tor which expenditures may be made 
by trustees without a vote of the district and the amount 
that may be expended in each of such cases. 

State three special qualifications of a teacher one of which 
is necessary to employment in the primary or grammar 
schools of any city in this state. 

What certificate is necessary to legalize the employment of 
children between the ages of twelve and fourteen during 
the time the public school of the district in which they 
reside is in session. 

Define (a) common school fund, (b) Free school fund, (c) 
united States deposit fund. 

Give information on the following question relating to the 
office of school commissioner: (a) how chosen; (6) 
salary; (c) term of office. 

Give information on the following questions relating to the 
office of State Superintendent of Public Instruction: (a) 
how chosen; (6) salary; (c) term of office. 

What is the difference between the suspension of a pupil 
and the expulsion of a pupil? 

5. 

Have the trustees of a district the legal right to establish 
a rule prohibiting the teachers of such district from in- 
flicting corporal punishment? 

What officer has the power to create a new school district? 

What should a trustee do with the tax nst and warrant after 
it has been returned to him by the collector? 

On what days does the law provide that school shall not 
be in session? 

Has a teacher a legal authority over pupils on their way to 
and from school? 

Name a duty in connection with the educational system 
imposed on (a) a supervisor of a town, (6) a county 
treasurer. 

(a) In what schools does the law direct that the nature 
and effects of alcholic stimulants and narcotics shall be 
taught? (6) what does the law prescribe in regard to the 
thoroness with which this subject shall be taught? 



CIVICS AND SCHOOL LAW. 137 

(a) What does the law prescribe as the minimum length 
of time for which every public school must be maintained 
during each year? 

If a child shall attend upon instruction elsewhere than at 
a public school for how many hours per day does the 
statute prescribe that he shall attend upon such instruc- 
tion? 

State two duties of district collector. 

6. 

Name two civil officers ineligible to tne office of trustee. 

State the provisions of the compulsory education law re- 
lating to the attendance of children between the ages of 
fourteen and sixteen. 

(a) Whose duty is it to appoint attendance officers for 
towns ? 

If the public money of the district is paid to a person not 
legally entitled to receive it, what remedy has the district? 

What conditions are necessary that a school district may 
receive money from the general state apportionment? 

What is the only cause for which a scnool commissioner may 
annul a teacher's certificate of any grade? 

If an unqualified person votes at a school meeting what 
penalty may be imposed? 

During a term of school, who is the legal custodian of 
the school register, and responsible for its safe keeping? 

A contract to teach made separately with each member of 
the board of trustees is not valid. What is the purpose 
of this provision? 

What pupils must, according to law, be provided with suit- 
able text-books from which to study the effects of stimu- 
lants and narcotics? 

7- 

If a schoolhouse is condemned by a school commissioner, 
what is the duty of the trustee or trustees in case the 
district does not vote a tax for a new building within thirty 
days after the holding of the first meeting? 

What reasons only are sufficient to justify the dismissal of 
a teacher during his term of employment. 

Instead of maintaining a school, what other course is open 
to the electors of a school district? 

In what case only are the official acts of two of three trus- 
tees binding in the district ? 

Who has the power to prescribe the course of study to be 
pursued in the school of any district ? 



138 CIVICS AND SCHOOL LAW. 

At least what subjects must be taught in a school that it 

may meet the requirements established by the compulsory 

education law? 
In what case may a truant officer arrest a child? 
in whom is the legislative power of a common school district 

vested ? 
{a) What officer of a common school district is entitled to 

pay? (&) How is he compensated? 
(a) What is the amount of a district quota? (&) what is 

the basis of its distribution? 

8. 

What is (a) the longest and (b) tne shortest time for which 
a trustee may engage a teacher, except to fill out an unex- 
pired term ? 

How may the time for which a teacher may be engaged be 
limited by his certificate? 

State a duty of the teacher in regard to the enforcement 
of the compulsory education law as required (a) by 
statute, (b) by regulation of the State supei intendent of 
public instruction. 

What is the process, as prescribed by law, for calling a 
special school meeting in a common school district? 

State two ways in which a vacancy in the office of school 
trustee may be filled. 

How much of the text-book in physiology and hygiene shall 
be given to the nature and effects of alcoholis drinks and 
other narcotics (a) in the giades below the high school, 
(6) in high schools? 

JBy whom are attendance officers appointed (a) in cities, 

(b) in union free schools, (c) in towns? 
(a) When does Arbor day occur? (6) What exercises shall 

be observed on Arbor day by the school cnildren? 
(a) How many inspectors of election are chosen at a com- 
mon school district meeting; (b) what are the duties of 
the inspectors? 

How are library moneys apportioned to the school districts? 

When one district contracts with another for thp instruc- 
tion of its children, what public money does (a) the former 
receive, (b) the latter? 

9- 

ISTame the date on which the (a) school year begins; (6) 
school year ends; (c) annual school meeting is held. 

What is the provision of the school law regarding janitor's 
work ? 



CIVICS AND SCHOOL LAW. 139 

Name the duties of a town clerk, relative to the public 

schools. 
On whose authority does the supervisor pay out school money? 
\\ hen shall the school commissioner apportion and divide 

the State school moneys? 
What is the penalty for willful failure (a) of a teacher to 

attend the teacher's institute; (6) of a trustee to close 

school during the holding cf the institute? 
What is the greatest length cf time that the law permits a 

pupil to be suspended from school without commitment 

to a truant school? 
What is meant by the ''public money 5 ' of a school district? 
(a) To what rights are the holders of state schoolarships in 

Cornell university entitled? (b) Hew many of these 

scholarships are awarded annually? 
What town officer (a) receives the school money due a town; 

(&) preserves the records of tne school districts in a town? 



Trustees are required to make an annual report, (a) To what 

officer must it be made; (b) when must it be dated; (c) 

with what officer must it be filed ? 
What experience in teaching must a teacher have had to be 

eligible to receive a certificate (a) of the second grade; (b) 

of the first grade? 
"Under what conditions only is a teacher required to do the 

janitor's work? 
By what vote may a district change (a) from three trustees 

to one ; ( b ) from one trustee to three ? 
To what exemption from regular tuition is a non-resident 

taxpayer entitled? 
State the leo-al qualifications of a teacher as to (a) age; 

{b) certificate. 
In a common school who has the authority to establisn rule 

for the government and discipline of the scnool t 

"Give the longest time for which a teacher may be hired in 
advance. 

What is the collector's fee (a) for receiving taxes; (5) for 

collecting them? 
Mention two causes for which a trustee would be justified 

in removing a teacher. 

ii. 
What school district officer Is required to give a bond? 
What authority fixes the amount of the bond? 



140 CIVICS AND SCHOOL LAW. 

Mention a duty of the State Superintendent relating to (a} 
the financial support of the schools ; ( b ) the professional 
training of teachers; (c) the licensing of teachers. , 

Mention the three general and one of the four special quali- 
fications that entitle a person to vote at a school meeting. 

Name three officers through whose hands the State school 
money passes. 

Mention the special advantages to the teacher from having- 
the contract of hiring in writing. 

Upon what twofold basis is the State school money appor- 
tioned by the State Superintendent? 

Mention three duties of a school commissioner relating to- 
training classes. 

Give the main provisions of the "Flag law." 

State five restrictions upon cUe power of trustees in hiring 
and paying teachers. 

Give the regulatons relating to a uniform certificate of the 
first grade as to (a) experience needed; (&) number of 
trials; (c) subjects; (d) standings. 



Mention two important powers of the trustee relating to- 
daily work in the schoolroom. 

Mention two parties who may be fined for failure to com- 
ply with the provisions of the compulsory attendance law. 
State the conditions under which they may be fined and 
the maximum fine in each case. 

How are vacancies filled in the office of (a) school com- 
missioner; (b) trustee; (c) district collector? 

Mention two personal qualifications required of all school 
district officers. What additional qualification is requir- 
ed of a district treasurer? 

Give the substances of regulations governing training classes y 
touching the following points : room, number of members, 
weeks of instruction in a year, observation, practice. 

Give the reasons why the record of school attendance should 
be accurately kept. 

State the amount of public money apportioned to a city or 
■ village toward the salary of a superintendent. On what 
two conditions is it apportioned? 

What details must be shown by the teacher's record of at- 
tendance of pupils who are between eight and sixteen years. 
of age? 

Mention the two important points of the pledge signed by 
candidates on entering a training class. 

Describe the annual school meeting as to (a) time and place 
of holding; (6) reports made; (c) district officers elected. 



CIVICS AND SCHOOL LAW. 141 

13. 

Mention three provisions of the law by which a school district 
may enter into contract for the instruction of its pupils in 
another district? What is the object of tnis law? 

Specify two written reports that should be submitted at the 
annual school meeting and mention three items in one of 
them. 

What details of the plan of a new school house must be 
officially approved before the plan is finally adopted? W T hat 
official must approve them? 

Mention three officials who have judicial power in school 
matters. 

Mention three of the special sums that the State Superin- 
tendent is required to set before making the general ap- 
portionment. 

What is meant by the legal term "qualified teacher"? 

^ame three provisions of the "Health and Decency Act." 

What items should a memorandum of "Hiring" contain. 

Under what condition is it a misdemeanor for a trustee to 
give to a duly qualified teacher an order for salary legally 
due? 

Mention two documents relating to school district matters 
that must be filed with a town officer and name such 
officer. 

14. 

Mention the qualifications that render a teacher eligible to 
appointment as a training class instructor. 

Trustees are required to make two written reports annually. 
To whom is each report made? 

How may a school-house unfit for school purposes be con- 
demned ? 

By what several authorities may teachers be legally qualified 
to teach in the public schools in ths State? 

How are school commissioners elected? For how long? 
When does the next general election of school commission- 
ers occur ? On what date will those then elected assume the 
duties of their office ? 

Name two conditions under either of which a school district 
is entitled to a district quota. 

State three of the duties imposed by school law upon the 
town clerk. 

What two annual reports is the school district collector re- 
quired to make? 

If the district meeting fails to vote a tax to pay the teacher's 
wages, what duty does the law impose upon the trustee? 

Mention five different kinds of teachers' certificates and state 
by whom each is issued. 



142 CIVICS AND SCHOOL LAW. 

15. 

In the apportionment of school moneys, what provision is 

designed (a) to encourage the employment of a sufficient 

number of teachers? (6) to increase the attendance of 

pupils? 
For how long a time may a pupil be suspended from school 

(a) by the teacher ? (b) by the trustee ? 
A school is closed for a teachers' institute. How should the 

teacher give the district credit for that week's attendance, 

in the aggregate tor tne term? 
What school officers can take the teacher's affidavit to the 

correctness of the register? 
What security is provided against the employment of teachers 

of immoral character? 
State fully the qualifications that a teacher must possess to 

obtain a second grade certificate under the uniform system 

of examinations. 
Has a trustee or trustees the power to determine in what 

manner a teacher shall punish pupils? 
How may a common school district determine to elect a 

treasurer ? 
If a person offering to vote at school meeting is challenged, 

what course must he pursue in order that his vote may be 

received ? 
What persons are eligible to the office of school commissioner 

but are not eligible to any other elective office of the State 

or county? 

16. 

In all propositions arising at school district meetings involv- 
ing the expenditure of money, in which of two ways must 
the vote be taken ? 

State five specific purposes for which a school district meet- 
ing may vote a tax? 

If a teacher is absent from school without the consent of 
the trustee, what is the effect upon his contract? 

(a) In case of a vacancy in che office of school commissioner 
what officer has the power of appointment? (&) For how 
long a time does the appointee hold the office? 

What heading must be prefixed to every legal school tax list? 

What authority selects the text-books (a) in Union school 
districts? (6) in common school districts? 

If the officers of any school district shall wilfully disobey an 
order or decision of the superintendent, what is the penalty ? 

For what causes may the State superintendent remove a 
school commissioner from office? 

What officer has the final decision in all dsputes concerning 
the election of school district officers? 



CIVICS AND SCHOOL LAW. 14a 

(a) To what official does the school district trustee make an 

annual report? (6) When must it be dated? (c) with 

what officer is it to be deposited? 
Trace the State school money from the State treasury to 

the school teacher, naming the officers in order having" 

custody of the same. 

17- 
How must district officers be chosen? 
What school district officers are required to give bonds? 
How may a school district change from three trustees to 

a sole trustee? 
State four duties of a school commissioner. 
Who may call a meeting of the trustees of a common school 

district, and how may it be done? 
State the provisions of the law in relation to the display of 

the United States flag on the school grounds. 
What qualifications are required to make a person eligible 

to school district offices? 
Why should the teacher insist or a written contract? 
Mertion the schccl district officers elected at the annual 

school meeting ard the term of office of each. 
In a district having a sole trustee, if tfte voters at an annual 

meeting fail to elect, who legally has power to act as- 

trustee ? 

18. 

How often does the law require that the teacner shall make 
affid?vit to the correcteness of the record of attendance? 
(a) Can a district meeting of a scncol district decide who 

the teacher of such district shall be? (b) Who is the 

proper person to decide such question? 
When can a trustee require a teacher to do the janitor work? 
State all the duties of a teacher in 1 elation to keeping a 

register of attendance ot pupils? 
Can a teacher legally make up lost time on a legal holiday 

or Saturday? 
What provison is made by law for the insurance of school 

buildings and other school property 9 
(a) How is the office of collector filled in a common school 

district? (a) In a union free school district? 
Upon what three officers may a trustee issue an order for 

the payment of teachers' wages? 
By what method must all the officers of a common school 

district be elected? 
(a) Who is the proper authority to establish regulations for 

the government and discipline of a school? (&) who is the- 



144 CIVICS AND SCHOOL LAW. 

proper authority to determine the method of punishment 
that may be inflicted upon pupils? 

19. 

What remedy has the teacher in case tne parent insists on 
disturbing the work of the school? 

Name two causes for when a district may forfeit all or part 
if its public money. 

In a district having three trustees, when can two of them 
legally do business? 

Does the compulsory attendance law deprive the teacher or 
trustee of the power of suspension? Explain your answer. 

Where does the authority of the teacher over the pupil be- 
gin and end? 

Name the six kinds of teachers' license in this State; state 
the conditions upon which each is granted, and tne length 
of time for which each is valid. 

(a) What officers apportion tne public school moneys among 
the school districts of the several counties; (b) upon what 
statistics ? 

Xo public school shall be taught on a legal holdiay or on 
Saturday. If a teacher lose a day from any cause, when 
should such lost time be made up? 

(a) Give the date prior to which all school moneys belonging 
to a district should be drawn from the hands of the super- 
visor. (6) If there be money belonging to any district 
in his hands at such time, what is done witn it? 

(a) For what school officers may women vote untter certain 
qualifications? (b) State tnree of these qualifications. 



By whom is the division of a school commissioner district 

made? 
(a) Name two purposes of the annual school meeting. (6) 

In such meeting when must the vote be by ballot and when 

may it be by ballot or be ascertained by recording the 

ayes and noes? 
(a) What is the minimum lengtn of time that a public 

school must be taught to entitle it to share in the public 

moneys? {b) Upon what two additional items does its 

right to a share of the public moneys depend? 
In a school district not having a board of trustees what 

officer is virtually treasurer of the district? Give reason 

for your answer. 
In case of a special school meeting what business may be 

transacted T 



CIVICS AND SCHOOL LAW. 1-45 

Why does the law prohibit the same person from holding the 
office of school trustee and supervisor of his town? 

How may a trustee of a common school district be authorized 
to employ a teacher within a proinbited degree of rela- 
tionship? 

(a) When is a teacher requireu to make alndavit to the 
correctness of the school register? (b) Why does the law 
make such affidavit necessary? 

Under what condition may a school commissioner appoint 
a district trustee? 

Name two duties of a district clerk. 

21. 

What is the duty of the trustee when there is no money on 
hand for the payment of tne salary due teachers? 

What is the plan upon which library money is apportioned 
to the district schools? 

W hat business is a school commissioner debarred from en- 
gaging in, directly or indirectly? 

State the qualifications which a person must possess in order 
to be eligible to the oince of school district treasurer? 

Name three important items which the annual report of 
trustees to school commissioners must contain. 

For what purposes does the school law provide that trustees 
may permit a school-nouse ^o be used when it is not in 
use for the district school? 
(a) By whom may a school commissioner be removed from 
office? (b) For what cause? 

Are women prohibited from voting for {a) trustees; (b) 
school commissioners? 

A resides in district 1, Pulteney, but owns property and pays 
taxes in district 2 of said town. His son is permitted to 
attend school in district 2. What is the provision of law 
relative to the payment of tuition in this case? 

What is the law in relation to the power of a school com- 
missioner {a) to take affidavits and administer oaths; (6) 
to issue subpoenas and compel tne attendance of witnesses? 

22. 

(a) What vote is necessary lor the adoption of text-books in 
a common school district? (b) By what vote may such 
books be changed within a period of five years from their 
adoption ? 

What pupils according to *aw are required to study the 
effects of stimulants and narcotics for text-books? 



146 CIVICS AND SCHOOL LAW. 

In case a school district contracts with a second district for 
the tuition of the pupls of the first, what money does the 
first dstrct receve from the State? 

All propositions at a district meeting involving the expendi- 
ture of money must be voted on in one of what two ways ? 

What does the law prescribe in regard to the election of 
district officers as to (a) manner of voting, (b) poll-list, 
(c) inspectors of election? 

What are the penalties imposed by the compulsory education 
law upon persons in parental relation to children who vio- 
late the provisions of the law? 

Under what conditions is a common school district entitled 
to share in the State library money? 

Who fixes the amount of the collector's bond, and with what 
officer is the bond filed? 

If the public money of the district is paid to a person not 
legally entitled to receive it, what remedy has the district? 

What conditions are necessary that a school district may re- 
ceive money from the general State apportionment? 

If an unqualified person votes at a school meeting, what pen- 
alty may be imposed? 

What is the provision of the law in relation to the visitation 
of schools by the school commissioner? 

23. 

( a ( Before any school house may be built what plans must 
be submitted to a school officer? (&) 10 what officer must 
these plans be submitted? 

If a trustee be elected by the votes of unqualified voters what 
course may be taken to riglit the matter? 

(a) By whom is a special meeting in a common school dis- 
trict called? (b) What three items of information must 
the call contain? 

What are the provisions of the law in relation to the amount 
of personal property necessary to constitute a voter at 
school meeting? 

Name three sources from which the State school funds are 
derived. 

What authority determines the number of hours a teacher 
must teach daily? What is the redress for abuse of such 
authority ? 

How must a district collector proceed in order to obtain 
from the supervisor of the town the public money appor- 
tioned to the dstrict? 

Give three items to be entered in the school register by the 
teacher, and which are a part of the trustee's annual re- 
port to the school commissioner. 



CIVICS AND SCHOOL LAW., 147 

Specify the certificates that do not require the endorsement 
of the commissioner to matte them valid in his district. 

How may a school district retain its organization and share 
in the public money without maintaining a school in the 
district? 

State a purpose for which the voters may bond a school 
district ? 

\\ he are eligible to appointment as scnool librarians in com- 
mon school districts? By whom are they appointed? 

24. 

Under the school law relative to the display of the flag, 
[a) who is charged with the duty of providing the flag and 
fixtures; (6) how is the expense met; (c) wiien is the flag 
to be displayed? 

Specify the sources from which the State school money is 
derived. 

What is an attendance officer required to do with a child 
arrested for truancy? 




INDEX. 



Page. 

Adjournment, 74, 100 

Agriculture, Sec'y. of, . . . 31 
Administrative Officers, . . 25 

Aldermen, 24 

Alien, 94 

Ambassadors, 83, 95 

Amendment, 85, 112 

Appeals, Court of, . 7 

Apportionment, .... 52, 53, 54 

Appropriation, 101 

Arbitration, 9 

Arbor Day, 61 

Aristocracy, 3 

Arson, 8 

Assembly, 99 

Assessors, 14, 16 

Attendance Officer 65 

Att'y. General, State, . .26, 104 

Att'y. General, U. S., 30 

Authority, Teacher's, .... 50 

Bail, 5, 89 

Banks, 108 

Bill, 12, 101 

Bill of attainder, 78, 94 

Bill of rights, 95 

Board of education, 40 

Bond, 17 

Bribery, 8, 98, 112 

Burglary, 8 

Canals, 107, 108 

Canvassing votes, 10 

Caucuses, 10 

Certificates, 27 

Drawing, 45 

First grade, 44 

Kindergarten, 46 

Second grade, 43 

Third grade, 43 

Training class, 45 

Vocal music, 46 



Page. 

Challenge, 39 

Charter, 23 

Cities of the State, Ill 

Citizens, 94 

City officers, 23, 111 

Civics 3 

Civil appointment, 100 

Cases, 5 

Government, 3 

Service, 104 

Clerk, county, . .20, 21, 23, 110 

Clerk, district, 34, 35 

Clerk, town, 15, 22 

Codicil, 8 

Collector, 17, 36 

Commissioners, highway, . 17 
Commissioners, school, 15, 20, 

21, 27, 33, 54, 57, 61 
Committee, legislative, ... 12 
Committee of the whole, 12 

Common council, 24 

Compulsory education, 28, 63 

Comptroller, 21, 25, 104 

Confederation, articles of, 69 

Congress, 71, 74, 76, 78, 84, 85 

Second continental, .... 69 

Constables, 17 

Constitution, 4, 86, 96 

Federal, 70 

Convention 4 

Counsels, 83, 95 

Contract, labor, 102 

Contract, teacher's, 49 

County officers, 19 

Court, Appeals, 7, 105, 106 

Court, Claims, . 7 

Court, County 6 

Court, Impeachment, .... 8 

Court, Justice, 6 

Court, Probate, 6 



Page. 

Court, Record, 7 

Court, Supreme 6, 105 

Court, U. S. Circuit, 7 

Court, U. S. Supreme, . .82, 83 

Copyright, 77, 94 

Crime, 8, 83, 88 

Criminal cases, 5 

Debts of State, 107 

Deed, 9, 19 

Defendant, 5 

Delegate, 4 

District Att'y 19, 110 

District, joint, 38 

District, common school, 23, 38 
District, union school, . 38, 40 
District under contract, . 67 

Divorce, 97 

Drainage, 97 

Education 109 

Election boards, 98 

Electors, 80, 90 

Embezzlement, 8 

Enacting clause, 101 

Escheat, 97 

Examination, 44, 57, 59 

Excise, 9 

Excuses, 63 

Expulsion, 50 

Expert facts law, 78, 05 

Fire drill, 60 

Flag law, 60 

Forgery, 8 

Freedom of speech and of 

press, 87, 97 

Funds, school, 52 

Gambling, 97 

Government, 3, 69, i 14 

Governor, 25, 102 

Habeas corpus, ....78, 94, 97 

High schools, 48 

House of representatives, 71, 74, 

94 
Impeachment, 5, 73, 82, 94, 106 

Indian lands, 97 

Indictment, 97 

Injunction, 9 

Inspectors of election, .... 17 



Page. 
Institutes, teachers', 23, 28, 59, 
61, 62 

Interior, Sec'y 30 

Janitor, 33 

Judge, county, 20, 21 

Juries, 67 

Jurors, grand, 14, 20, 97 

Jurors, trial, 14, 20 

Jury, 5, 83, 89, 96 

Justices of the peace, .... 16 

Larceny, 8 

Law, 4 

Lease, 9, 97 

Legislation, 99, 101 

Libel, 97 

Libraries, 14, 22, 36, 39 

Licenses, 42, 45 

Lieutenant governor, ..25, 102 

Lottery, 97 

Lunacy, 108 

Manslaughter, 8 

Mayor, 24 

Meeting, school, 22, 23, 32, 34 
. 39, 40 

Militia, 110 

Ministers, 83, 95 

Monarchy, 3 

Mortgage, 9, 20 

Nation, 3 

National law, 86 

Naturalization, 94 

Navy, Sec'y. of, 30 

Normal school, 23, 27 

Oaths, 16, 23, 112 

Pardons, 103 

Passes, 112 

Patents, 94 

Penalties, ..33, 35, 40, 60, 64 

Perjury, 18 

Petition 97 

Physiology law, 59 

Plaintiff, 5 

Plea, 5 

Pleadings, 5 

Political disabilities, 92 

Political parties, 115, 117 

Political year, 110 



Ill 



Page. 

Postmaster general, 30 

Preamble, 71, 96 

President of U. S., 29, 75, 79, 

80, 81, 82, 90, 95, 117 
Primary and grammar 

schools, 47 

Private claims, 101 

Property, 97 

Public debts, 86, 92 

Public decency act, 33 

Funds, 108 

Records, 84 

Punishment, corporal, ... 50 
Pupils, non-resident, .... 41 
Quartering soldiers, .... 87 

Quorum, 74, 100, 102 

Quota, 53, 54, 67 

Roads, 97 

Ratification of constitution, 86 

Regents, 27, 109 

Registration, 10, 98 

Religious teste, 86, 96 

Representations, 71, 73, 74, 75, 

92 

Republic, 3, 85 

Revenue bills, 75 

Revision of constitution, 113 

Revoking licences, 60, 61 

Riders, 102 

Rights, 4, 84, 87, 88, 89, 92, 

96 
Salaries of State officers, 26 

School funds, 109 

School (public) money, 15, 21, 

23, 28, 36, 52, 53, 54, 60, 61, 

67 

School year, 38 

Scholarships, State, 68 

Sec'y. of State, 25, 29, 104 

Sectarian schools, 109 

Senate, State 99 

Senate, U. S., 72, 94 

Senators, 73, 74, 75 

Sheriff, 19, 20, 110 

Slander, 97 

Slavery, 91, 93 



Page. 
State engineer and survey- 
or, 104 

State lands, 104 

State, new, 85 

Statutory limitation, .... 97 

Summons, 5, 16, 17 

Supervisor, 14, 15, 21, 54 

Subpoena, 5 

Surrogate, 6, 19 

Suspension, 50 

Superintendent of public in- 
struction, 16, 20, 21, 23, 27, 
32, 37, 53, 58, 60, 61, 109 

Sup't. of village, 53 

Sup't. of poor, 20 

Sup't. of public works, . . 104 
Sup't. of State prisons, . . 104 

Tax, 23, 33, 53, 78, 102 

Teacher, 33, 42, 50, 60 

Territories, 85 

Text-books, ...40, 59 

Town board, 14, 16 

Town board of health,. . . 18 
Training classes, . . . .28, 56, 57 

Training schools, 56, 58 

Treason, 8, 83, 84 

Treasurer, county, ..14, 21, 54 

Treasurer, district, 35 

Treasurer, Sec'y. of U. S., 29 
Treasurer, State, 21, 26, 54, 104 

Treaty, 9 

Truants, 65 

Truants schools 66 

Trustees, ....15, 22, 32, 50, 51 

Verdict, 5 

Veto, 13, 103 

Voters, 10, 38, 93, 98 

Votes, correcting, 10 

Voting, 10, 98 

Vice President of U. S., 29, 73, 
90, 95 

Wards, 23 

Warrant, 5, 16, 87 

War, Sec'y. of, 30 

Will, 8 



FEB 18 1903 



